Gautam Namasudra vs The State Of Assam And Anr
2023 Latest Caselaw 2888 Gua

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GAHC010158182023




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Crl.A./283/2023

            GAUTAM NAMASUDRA
            S/O AMAR NAMASUDRA,
            R/O MUKAMCHERRA COLONY, P.S.- RATABARI, DIST.- KARIMGANJ,
            ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            TO BE REP. BY THE P.P., ASSAM.

            2:PUSPA RANI NAMASUDRA
            W/O LATE KABINDRA NAMASUDRA

            R/O MUKAMCHERRA COLONY
            P.S.- RATABARI
            DIST.- KARIMGANJ
            ASSAM
            PIN

Advocate for the Petitioner   : MR H R A CHOUDHURY

Advocate for the Respondent : PP, ASSAM
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                                    BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 04.08.2023

Heard Mr. A. Ahmed, learned counsel for the appellant. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor appearing for the State/respondent No. 1. This is an application filed under Section 374(2) Cr.P.C. against the judgment and order dated 16.06.2023 passed by the learned Sessions Judge, Karimganj in connection with Special Sessions Case No. 7/2020, whereby the accused/appellant was convicted under Section 376 IPC r/w Section 4 of POCSO Act, sentenced him to undergo rigorous imprisonment for a period of 10(ten) years and to pay fine of Rs.10,000/-, in default of payment of fine, rigorous imprisonment for one year. The appeal is admitted.

Issue notice.

The learned counsel for the appellant is directed to take step for service of notice upon the respondent No. 2 by way of registered post with AD as well as other usual process returnable within 4(four) weeks. The steps be taken within 7(seven) days.

No formal notice required to be served upon the respondent No.1 as because Ms. Bora, learned Addl.P.P. has entered appearance. Extra copy of the petition shall be provided to Ms. Bora. Call for the LCR.

List accordingly.

JUDGE

Comparing Assistant