Bipul Sarkar vs The State Of Assam And Anr
2023 Latest Caselaw 3309 Gua

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GAHC010182602023




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

                                 Case No. : Crl.A./307/2023

             BIPUL SARKAR
             S/O LATE HARILAL SARKAR,
             R/O NO. 1 PAKHRIGURI, P.S.- BASUGAON, DIST.- CHIRANG, ASSAM.



             VERSUS

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

             2:LAKHI SARKAR
             W/O NAKUL CHANDRA SARKAR

             R/O NO. 1 PATHARGURI
             P.S.- BASUGAON
             DIST.- CHIRANG
             ASSAM
             PIN

Advocate for the Petitioner   : MR H R A CHOUDHURY

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

24.08.2023 Heard Mr. H.R.A. Choudhury, learned Senior counsel, assisted by Mr. I.U.

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Choudhury, learned counsel for the appellant. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor for the State respondent No. 1.

This statutory appeal is directed against the judgment and order dated 18.07.2023, passed by learned Sessions Judge, Chirang, Kajalgaon in Sessions Case No. 07 of 2022.

It is to be noted here that vide judgment and order dated 18.07.2023, the learned Court below has convicted the appellant under Section 376 IPC, and sentenced him to suffer R.I. for 10 years and also to pay a fine of Rs. 10,000/- with default stipulation.

Perused the memo. of appeal and the documents placed on record and the impugned judgment and order dated 18.07.2023.

Admit.

Call for the records from the learned Court below.

Let notice be issued to the respondent, returnable in 4 (four) weeks.

Steps be taken by registered post and also by usual process within a week from today. No formal notice is required to be issued to the respondent No. 1, since Ms. S.H. Bora, learned Additional Public Prosecutor appeared and received notice on behalf of respondent No. 1. However, extra requisite copy of the petition be furnished to Ms. Bora during the course of the day.

List the matter after 4 (four) weeks.

JUDGE Comparing Assistant