Abdul Kader vs The State Of Assam
2023 Latest Caselaw 4817 Gua

Gauhati High Court

Abdul Kader vs The State Of Assam on 1 December, 2023

Author: M. Zothankhuma

Bench: Michael Zothankhuma, Malasri Nandi

                                                                   Page No.# 1/2

GAHC010237202023




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

                                   Case No. : CRL.A(J)/123/2023

            ABDUL KADER
            S/O- LATE MOINUDDIN, VILL.- BUN NAJHAR PATHAR, P.S. GOBARDHANA,
            DIST. BAKSA (BTAD), ASSAM



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM



Advocate for the Petitioner   :X

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                             ORDER

01.12.2023 (M. Zothankhuma, J.)

This is a jail appeal against the judgment dated 31.10.2022 passed by the Court of the Additional Sessions Judge-cum-Special Judge (POCSO) at Barpeta, in Special POCSO Case No.19/2018, by which the appellant has been convicted Page No.# 2/2

under Section 6 of the POCSO Act, 2012 and sentenced to undergo rigorous imprisonment for 12 (twelve) years with a fine of Rs.10,000/-, in default simple imprisonment for 6 (six) months.

Admit the appeal.

Call for the LCR.

Issue Notice returnable in 4 (four) weeks.

Ms. P. Bora, learned counsel accepts notice on behalf of the State.

The Registry is to furnish a soft copy of this order along with the appeal petition to Ms. B. Bhuyan, learned Additional Public Prosecutor, who shall forward the same to the O.C. of Barpeta Road Police Station, as the matter pertains to Barpeta Road P.S. Case No.194/2018. The O.C., Barpeta Road P.S. shall thereafter forward the said soft copy and inform the victim/guardian of the victim/informant regarding pendency of this appeal. He shall send a report regarding service of notice to the above.

It may be clarified here that it is not obligatory for the victim/guardian of the victim/informant to appear in this appeal proceedings. However, the above person shall have participatory rights in the appeal, if chosen to do so.

List the matter after four weeks.

                        JUDGE                          JUDGE



Comparing Assistant