Samru Choudhury vs The State Of Assam And Anr
2023 Latest Caselaw 530 Gua

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GAHC010008652023




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

                                  Case No. : Crl.A./38/2023

            SAMRU CHOUDHURY
            S/O LATE BHANI CHOUDHURY,
            R/O PANIPATH, UTTAR PUB GEETANAGAR,
            P.S.- NOONMATI,
            DIST.- KAMRUP (M), ASSAM.



            VERSUS

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

            2:AFRUJA BEGUM
            W/O MD. SAIFUR RAHMAN

            C/O BIPUL SAIKAI

            UTTAR PUB GEETANAGAR
            PANIPATH

            P.S.- NOONMATI

            DIST.- KAMRUP (METRO)
            ASSAM

Advocate for the Petitioner   : MR. R CHETRI

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. R. Chetri appearing for the appellant.

Mr. Chetri submits that the impugned judgment and order dated 17.12.2022 passed by the Sessions Judge-cum-Special Judge (POCSO), Kamrup(M), Assam in Sessions Special Case No.46/2021 should be set aside.

The appellant was convicted under Sections 12 of the POCSO Act by the impugned judgment and order and sentenced to undergo R/I for 1(one) year and made to pay fine of Rs.5,000/-, in default, S/I for 3(three) 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 Page No.# 3/3

respondent no.2 by registered post with A/D and other usual process.

Steps within 2(two) days.

List the matter after receipt of the LCR.

JUDGE

Comparing Assistant