Sahidul Islam vs The State Of Assam And Anr
2023 Latest Caselaw 2927 Gua

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GAHC010168132023




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

                                  Case No. : Crl.A./284/2023

            SAHIDUL ISLAM
            S/O JALAL UDDIN,
            VILL.- PANBARI SATRA,
            P.O.- MOIRABARI, P.S.- DHING, DIST.- NAGAON, ASSAM, PIN- 782126.



            VERSUS

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

            2:MUSSTT. SAFIA KHATUN
            W/O AMRAJUL HOQUE

            VILL.- PANBARI SATRA

            P.O.- MOIRABARI
             P.S.- DHING
             DIST.- NAGAON
            ASSAM
             PIN- 782126

Advocate for the Petitioner   : MR. A M AHMED

Advocate for the Respondent : PP, ASSAM

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

05.08.2023

Heard Mr. A. M. Ahmed, 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 dated 30.05.2023 passed by the learned Additional Sessions Judge Cum Special Judge (POCSO), Assam in Special (POCSO) Case No. 50(N)/2016, arising out of Dhing P.S. Case No. 153/2015 convicting the accused/appellant under Section 8 of POCSO Act, 2012 and sentenced him to undergo R.I. for 5 (five) years with fine of Rs. 20,000/- (Twenty Thousand) in default of payment of fine S.I. for 6 months, further convicted is sentenced to pay fine of Rs. 500/- under Section 448 of IPC in default S.I. for 7 (seven) days.

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.

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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.

JUDGE

Comparing Assistant