Bulbul Bhumij vs The State Of Assam And Anr
2023 Latest Caselaw 3018 Gua

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GAHC010062872023




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



                                 Case : Crl.A./128/2023


         BULBUL BHUMIJ
         S/O LATE MOHAN BHUMIJ
         R/O DIHINGIA GAON
         P.S.- BORPOTHAR
         DIST.- KARBIANGLONG
         ASSAM.


          VERSUS

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

         2:HEMALATA KUNCH
         D/O LATE PINKU KUNCH
          R/O DIHINGIA GAON
          P.S.- BORPOTHAR
          DIST.- KARBI-ANGLONG
         ASSAM.
          ------------
         Advocate for : MR. R CHETRI
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                  BEFORE
                HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                        ORDER

Date : 09.08.2023 Heard Mr. R. Chetri, learned counsel for the appellant. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State.

This criminal appeal has been filed by the appellant under Section 374(2) of the Code of Criminal Procedure impugning the judgment and order dated 23.02.2023 passed by the Court of Special Judge (POCSO), Karbi Anglong in POCSO Case No. 04/2020 whereby the present appellant was convicted under Section 6 of POCSO Act, 2012 and was sentenced to rigorous imprisonment for ten years and to pay a fine of Rs.10,000/- and in default, to undergo further simple imprisonment for two months.

Issue notices to respondents.

As Ms. N. Das, learned Additional Public Prosecutor accepts notices on behalf of the respondent No. 1, no formal notice need be issued to respondent No. 1. However, as regards respondent No. 2, the petitioner shall take steps for issuance of notice through registered post with A/D to respondent No. 2 within three days from today, returnable after four weeks.

List this matter again after four weeks.

JUDGE

Comparing Assistant