Sanowar Hussain Akand @ Gadu Sanu vs The State Of Assam And Anr
2023 Latest Caselaw 4946 Gua

Gauhati High Court

Sanowar Hussain Akand @ Gadu Sanu vs The State Of Assam And Anr on 8 December, 2023

                                                                          Page No.# 1/2

GAHC010271512023




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

                                  Case No. : Crl.A./443/2023

            SANOWAR HUSSAIN AKAND @ GADU SANU
            S/O ABU TALEB ALI,
            R/O BARTALOWA, P.S.- KAJALGAON, DIST.- CHIRANG, ASSAM.

            VERSUS

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

            2:ANSAR SHEIKH
             S/O LATE HUSSAIN ALI
            R/O BARTALOWA PART- I
             P.S.- DHALIGAON
             DIST.- CHIRANG
            ASSAM

Advocate for the Petitioner   : MD. I HUSSAIN

Advocate for the Respondent : PP, ASSAM

                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

08.12.2023

Heard Mr. I. Hussain, learned counsel for the appellant and also heard Ms. A. Begum, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1.

In this appeal under Section 374 of the Code of Criminal Procedure, 1973, the Page No.# 2/2

appellant, namely, Sanowar Hussain Akand @ Gadu, has put to challenge the correctness or otherwise of the judgment and order dated 08.11.2023 passed by the learned Special Judge, Chirang at Kajalgaon, in Special (POCSO) Case No.08/2021. It is to be noted here that vide impugned judgment and order dated 08.11.2023, the learned Court below has convicted the appellant under Section 8 of the POCSO Act and sentenced him to suffer rigorous imprisonment for 3(three) years and also to pay a fine of ` 10,000/- with default stipulation.

Perused the memo of appeal and the grounds mentioned therein and also perused the impugned judgment and order dated 08.11.2023.

Admit.

Issue notice to the respondents, returnable within 4(four) weeks.

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

No formal notice is required to be issued to the respondent No.1 as Ms. A. Begum, learned Additional Public Prosecutor has entered appearance and received notice. However, extra requisite copy of the memo of appeal be furnished to her during the course of the day.

Registry shall call for the record from the learned Court below.

List the matter after 4(four) weeks.

Since the appeal has already been admitted and the punishment is only three years, this Court is inclined to allow the appellant to remain on previous bail till disposal of this appeal.

Sd/- Robin Phukan JUDGE

Comparing Assistant