Rofiqul Islam @ Lafiqul Islam vs The State Of Assam And Anr
2023 Latest Caselaw 420 Gua

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GAHC010020182023




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

                                  Case No. : Crl.A./29/2023

            ROFIQUL ISLAM @ LAFIQUL ISLAM
            S/O ABDUL SATTAR ALI,
            VILL.- RAKHALDUBI,
            P.O.- SIMLABARI,
            P.S.- BAGUAN,
            DIST.- GOALPARA, ASSAM, PIN- 783101.



            VERSUS

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

            2:SURADEVI RABHA
             D/O MOHANTA KR. RABHA

            VILL.- DARANI

            P.S.- AGIA

            P.O.- BORBHITA

            DIST.- GOLAPARA
            ASSAM
            PIN- 783129

Advocate for the Petitioner   : K U AHMED

Advocate for the Respondent : PP, ASSAM
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                                BEFORE
                HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                    ORDER

Date : 07.02.2023

Heard Mr. M.A. Sheikh, learned counsel for the appellant. Also heard Mr. Bhaskar Sarma, learned APP for the State.

This appeal under Section 374 CrPC is preferred against the judgment and order dated 06.01.2023 passed by the learned Special Judge, Goalpara in Special Case No.34/2019, thereby sentencing the accused/ appellant to undergo rigorous imprisonment for three years and also to pay a fine of Rs.10,000/- in default, rigorous imprisonment for six months u/s 12 of POCSO Act, rigorous imprisonment of one month and a fine of Rs.5,000/- in default, rigorous imprisonment for seven days u/s 341 IPC, rigorous imprisonment for three months and a fine of Rs.5,000/- in default, rigorous imprisonment for one month u/s 294 IPC, rigorous imprisonment for one year and a fine of Rs.5,000/- in default, rigorous imprisonment for one month u/s 354 IPC, rigorous imprisonment for three months and a fine of Rs.5,000/- in default, rigorous imprisonment for one month u/s 506 IPC.

Appeal is admitted for hearing.

Call for the records.

Issue notice returnable in 4(four) weeks.

No steps is required to be taken against the respondent no.1. However, the appellant shall take steps within 2 days for service of notice on respondent no.2 by registered post with A/D as well as by usual process to be routed Page No.# 3/3

through the jurisdictional Magistrate in terms of Gauhati High Court Rules.

List after 4(four) weeks, awaiting the receipt of LCR.

JUDGE

Comparing Assistant