Aminul Hoque vs The State Of Assam And Anr
2023 Latest Caselaw 2918 Gua

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GAHC010169602023




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

                                   Case No. : Crl.A./285/2023

            AMINUL HOQUE
            S/O LATE JUBBAR ALI,
            VILL.- BHALUKI, P.O.- BALARBHITA, P.S.- BARPETA ROAD,
            DIST.- BARPETA, ASSAM.



            VERSUS

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

            2:ABDUL HAMID
             S/O LATE ABDUL JALIL

            VILL.- BHALUKI
            P.O.- BALARBHITA
            P.S.- BARPETA ROAD

            DIST.- BARPETA
            ASSAM
            PIN- 781315

Advocate for the Petitioner   : MR. R ALI

Advocate for the Respondent : PP, ASSAM




             Linked Case : I.A.(Crl.)/672/2023

            AMINUL HOQUE
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             S/O LATE JUBBAR ALI
             VILL.- BHALUKI
             P.O.- BALARBHITA
             P.S.- BARPETA ROAD
             DIST.- BARPETA
             ASSAM.


             VERSUS

             THE STATE OF ASSAM AND ANR.
             REP. BY THE P.P.
             ASSAM.

             2:ABDUL HAMID
             S/O LATE ABDUL JALIL

             VILL.- BHALUKI
             P.O.- BALARBHITA
             P.S.- BARPETA ROAD

             DIST.- BARPETA
             ASSAM
             PIN- 781315.
             ------------

Advocate for : MR. R ALI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

05.08.2023

Heard Mr. R. Ali, learned counsel for the appellant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam.

This criminal appeal is filed under Section 374 (2) of the Code of Criminal Procedure, 1973 against the impugned Judgment and Order dated 11.07.2023 Page No.# 3/3

passed by the learned Additional Sessions Judge, (FTC) Barpeta in Sessions Case No. 211/2021, whereby convicting the appellant under Sections 451/376/511 of IPC and sentenced him to undergo Rigorous Imprisonment for 7 (seven) years and to pay fine of Rs. 10,000/- (Rupees Ten Thousand Only) in default of payment of fine, he shall undergo S.I. for 6 months under Section 376/511 IPC and Rigorous imprisonment for 2 (two) years and to pay fine of Rs. 5,000/- (Rupees Five thousand only) in default of payment of fine, he shall undergo Simple Imprisonment for 3 (three) months under Section 451 of IPC.

Admit this Criminal Appeal.

Call for the records.

Issue notice returnable after six weeks.

As Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam accepts notice on behalf of the State respondent, no formal notice need be issued to the respondent No. 1.

The appellant to take steps for issuance of notice upon the respondent No. 2, by way of registered post with A/D as well as by usual process within a period of five days from today.

List this matter after six weeks on a date to be fixed by the Registry.

The I.A.(Crl) No. 672/2023 shall be considered after receipt of the records.

JUDGE

Comparing Assistant