Dipon Das @ Arun Das vs The State Of Assam And Anr
2023 Latest Caselaw 528 Gua

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GAHC010023302023




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

                                  Case No. : Crl.A./40/2023

            DIPON DAS @ ARUN DAS
            S/O NIPEN DAS,
            R/O SIMONA BASTI, UNDER SAMAGURI POLICE STATION, DIST.-
            NAGAON, ASSAM.



            VERSUS

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

            2:SAMBHU DAS
             S/O LATE SUDHIR DAS

            R/O SIMONABASTI
            UNDER SAMAGURI POLICE STATION
            DIST.- NAGAON
            ASSAM

Advocate for the Petitioner   : MR. A TALUKDAR

Advocate for the Respondent : PP, ASSAM
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                                   :: BEFORE ::
                     HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                   O R D E R

13.02.2023

Heard the learned counsel Mr. M. Biswas appearing for the appellant, who submits that the impugned judgment and order dated 23.12.2022 passed by the court of Special Judge (POCSO), Nagaon in Special (POCSO) Case No.66(N)/2016 should be set aside.

The appellant was convicted under Sections 10 of the POCSO Act, 2012 by the impugned judgment and order and sentenced to undergo R/I for 7(seven) years and made to pay fine of Rs.50,000/-, in default, S/I for 6(six) months.

Admit the appeal.

Call for the LCR.

Issue Notice returnable in 4(four) weeks.

No formal steps are required to be taken as respondent no.1/State is represented by Ms. S.H. Borah, the learned Addl. Public Prosecutor, Assam. However, extra copy of the memo of appeal be furnished to her.

The appellant to take steps for service of notice upon the respondent no.2 by registered post with A/D and other usual process.

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Steps within 2(two) days.

List the matter after 4(four) weeks.

JUDGE

Comparing Assistant