Chatan Gupta vs The State Of Assam
2023 Latest Caselaw 4818 Gua

Gauhati High Court

Chatan Gupta vs The State Of Assam on 1 December, 2023

Author: M. Zothankhuma

Bench: Michael Zothankhuma, Malasri Nandi

                                                                     Page No.# 1/2

GAHC010237172023




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

                                   Case No. : CRL.A(J)/122/2023

            CHATAN GUPTA
            S/O- LATE NAGENDER GUPTA, R/O- VILL.- GHARIADUBI, P.S. BOKAJAN,
            DIST. KARBI ANGLONG, 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 16.06.2023 passed by the Special Judge (POCSO), Karbi Anglong, Diphu, in POCSO Case No.20/2022, by which the appellant has been convicted under Section 376(2)(n) of IPC and Section 6 of the POCSO Act, 2012. The appellant has been sentenced to Page No.# 2/2

undergo rigorous imprisonment for 10 (ten) years with a fine of Rs.10,000/-, in default simple imprisonment for 2 (two) months under Section 376(2)(n) of IPC. The appellant has also been sentenced to undergo rigorous imprisonment for 20 (twenty) years with a fine of Rs.10,000/-, in default simple imprisonment for 2 (two) months under Section 6 of the POCSO Act. Both the sentences are to run concurrently.

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 Bokajan Police Station, as the matter pertains to Bokajan P.S. Case No.21/2022. The O.C., Bokajan 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