Rahul Modak vs The State Of Assam And Anr
2023 Latest Caselaw 3500 Gua

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GAHC010193552023




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

                              Case No. : Crl.A./322/2023

           RAHUL MODAK
           S/O DULAL MODAK,
           VILL.- OLD COLONY, P.S.- BONGAIGAON, DIST.- BONGAIGAON, ASSAM.


           VERSUS

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

           2:SHIVA ROY
            S/O SHIVA ROY

           R/O UDAY NAGAR
           WARD NO. 9
           P.S.- BONGAIGAON
           DIST.- BONGAIGAON
           PIN- 783380

Advocate for the Petitioner : MR. N SARKAR
Advocate for the Respondent : PP, ASSAM


                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                      ORDER

Date : 30.08.2023

Heard Mr. N. Sarkar, learned counsel for the appellant and also heard Ms.S.H. Bora, learned Addl. P.P. for the State respondent.

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This statutory appeal is directed against the judgment and order dated 13.7.2023 passed by the learned Special Judge, Bongaigaon in Special POCSO Case No.7(BGN) of 2020. It is to be noted herein that vide impugned judgment and order, the learned Court below convicted the appellant u/s 4 of the POCSO Act, sentencing him to suffer rigorous imprisonment for ten years and also to pay a fine of Rs.3000/- with default stipulation.

Perused the memo of appeal and grounds mentioned therein and also documents placed on record and impugned judgment and order dated 13.7.2023.

Admit.

Notice be issued to the respondent returnable in four weeks.

No formal notice is required to be issued to respondent No.1, since Ms. Bora, learned Addl. P. P. appeared and received notice on behalf of State respondent No.1. However, extra requisite copy of the appeal be furnished to her during the course of the day.

Steps be taken upon respondent No.2 by registered post with A/D and also by usual process within a week from today.

Call for the record from the learned Court below.

List after four weeks.

JUDGE

Comparing Assistant