Rajesh Chowdhury vs The State Of Assam And Anr
2023 Latest Caselaw 3355 Gua

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GAHC010187952023




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

                                  Case No. : Crl.A./309/2023

             RAJESH CHOWDHURY
             S/O SURESH CHOWDHURY,
             R/O MARGHERITA BAZAAR, P.O. AND P.S.- MARGHERITA, DIST.-
             TINSUKIA, ASSAM- 786181.



             VERSUS

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

             2:NABAL KISHORE SAH
              S/O RAM BALAM SAH

             R/O MARGHERITA BAZAAR
             P.O. AND P.S.- MARGHERITA
             DIST.- TINSUKIA
             ASSAM- 786181

Advocate for the Petitioner   : MR. B D KONWAR SR. ADV.

Advocate for the Respondent : PP, ASSAM

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order 25.08.2023 Heard Mr. B. D. Konwar, learned Senior Counsel assisted by Mr. H. Agarwal, Page No.# 2/2

learned counsel for the appellant. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of Assam. This criminal appeal is filed under Section 374(2) of the Code of Criminal Procedure against the impugned judgment and order dated 11.08.2023 passed by the learned Additional Sessions Judge-Cum-special Judge (POCSO), Tinsukia in POCSO Case No. 25/2022, convicting and sentencing the appellant to undergo rigorous imprisonment for 4 years and also to pay a fine of Rs. 10,000/- and in default of Simple Imprisonment for 3 months.

This Crl. Appeal is admitted.

Call for the records.

Issue notice returnable after six weeks.

As Mr. Das, learned Additional Public Prosecutor accepts notice on behalf of the respondent No. 1, no formal notice need be issued to the respondent No. 1.

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

JUDGE

Comparing Assistant