Raju Gowala vs The State Of Assam And 2 Ors
2023 Latest Caselaw 3039 Gua

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GAHC010154032023




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

                                 Case No. : Crl.A./296/2023

            RAJU GOWALA
            S/O LATE HARI GUWALA,
            R/O AMOLAPATTY, DIPHU TOWN, P.O. AND P.S.- DIPHU, DIST.- KARBI
            ANGLONG.



            VERSUS

            THE STATE OF ASSAM AND 2 ORS.
            REP. BY THE P.P., ASSAM.

            2:SAJAL SAHA
             S/O FAKIRA SAHA

            R/O JHILMIL
            P.S.- DIPHU
            P.O.- DIPHU
            DIST.- KARBI ANGLONG
            PIN- 782460.

            3:MISS X .
             (VICTIM GIRL)
            D/O SAMBHU SAHA

            R/O RONGSAMPHRI
            DIPHU TOWN
            P.O. AND P.S.- DIPHU
            DIST.- KARBI ANGLONG
            ASSAM
            PIN- 782460

Advocate for the Petitioner   : MR N M HAZARIKA
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Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

10.08.2023

Heard Mr. N.M. Hazarika, learned counsel for the appellant. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam appearing for the State respondent No.1.

This appeal under Section 374(2) Cr.P.C. has been preferred against the judgment and order, dated 19.05.2023, passed in POCSO Case No.26/2022 (corresponding to G.R. Case No.164/2022) by the learned Special Judge (POCSO), Karbi Anglong, Diphu convicting the accused/appellant under Section 363 of the IPC and sentenced to undergo S.I. for 1 year with fine of Rs.5,000/-, in default, to undergo S.I. for 2 months and under Section 4 of the POCSO Act to undergo S.I. for 10 years with fine of Rs.10,000/-, in default, to undergo S.I. for another 2 months. Both the sentences were directed to run concurrently.

This appeal is admitted.

As Mr. B. Sarma, learned Addl. Public Prosecutor, has entered appearance on behalf of the State respondent No.1, no fresh notice needs to be issued. However, a copy of the memo of appeal along with the documents annexed thereto, be furnished to him during the course of the day.

Issue notice to the respondent Nos.2 and 3. Steps be taken by registered post with A/D within 3(three) days.

Call for the case records.

List after receipt of the LCR.

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The connected I.A. will be considered after receipt of the LCR.

JUDGE

Comparing Assistant