Mohammadullah Laskar vs The State Of Assam And Anr
2023 Latest Caselaw 424 Gua

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GAHC010018212023




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

                                 Case No. : CRL.A(J)/20/2023

            MOHAMMADULLAH LASKAR
            S/O LATE HARUN RASHID LASKAR,
            VILL.- TOKLAI, RAJABARI,
            P.S.- JORHAT,
            DIST.- JORHAT, ASSAM.



            VERSUS

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

            2:JADAB DUTTA
             S/O LATE PHANIDHAR DUTTA

            VILL.- SARATI

            P.S.- DAKHIN MAJULI

            C/O CHILDLINE JORHAT-MAJULI SUB CENTRE

            P.O.- MADHUPUR

            PIN- 785104
            DIST.- MAJULI
            ASSAM

Advocate for the Petitioner   : MR. P K MUNIR

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

                                        ORDER

Date : 07.02.2023

Heard Mr. J. Roy, learned senior counsel, assisted by Mr. P.K. Munir, learned counsel for the appellant. Also heard Mr. Bhaskar Sarma, learned APP for the State.

This appeal under Section 374(2) CrPC is preferred against the judgment dated 23.12.2022 and order dated 07.01.2023 passed by the learned Special Judge, Majuli in Special Case No.12/2020, thereby convicting the accused/ appellant under Section 10 of Protection of Children from Sexual Offences Act, 2012 and sentencing him to undergo rigorous imprisonment for 5(five) years and fine of Rs.20,000/- in default of payment of fine, further undergo simple imprisonment for another two months.

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 though the jurisdictional Magistrate.

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

JUDGE Comparing Assistant