Bharat Pamegam vs The State Of Assam And Anr
2023 Latest Caselaw 786 Gua

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GAHC010264002022




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

                                    Case No. : Crl.A./41/2023

            BHARAT PAMEGAM
            S/O SRI TENU PAMEGAM,
            RESIDENT OF BORGURI GAON, PS GARAMUR, DIST MAJULI, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:SHRI DHIREN POGAG
             S/O PADMOY POGAG

            RESIDENT OF VILLAGE BORGUN
            PS GORAMUR
            DIST MAJULI ASSA

Advocate for the Petitioner   : MR. R CHETRI

Advocate for the Respondent : PP, ASSAM




             Linked Case : I.A.(Crl.)/98/2023

            BHARAT PAMEGAM
            S/O SRI TENU PAMEGAM
            RESIDENT OF BORGURI GAON
            PS GARAMUR
            DIST MAJULI
            ASSAM
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            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:SHRI DHIREN POGAG
            S/O PADMOY POGAG
             RESIDENT OF VILLAGE BORGUN
             PS GORAMUR
             DIST MAJULI ASSAM
             ------------
            Advocate for : MR. R CHETRI
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                  BEFORE
                     HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                        ORDER

27.02.2023

Heard Mr. R. Chetri, learned counsel for the appellant and Mr. B. Sarma, learned Addl. P.P. for the State respondent.

This Criminal Appeal is directed against the judgment and order dated 28.11.2022 and 29.11.2022, passed by the learned special Judge, in Special Case No. 105[JM]/2020.

It is to be noted here that vide impugned judgment and order, the learned court below has convicted the appellant under sections 376/506 of the IPC and read with section 4 of the POCSO Act and sentence him to suffer rigorous imprisonment for 10 years and also to pay a fine of Rs. 10,000/- with default stipulation. Perused the petition and the documents placed on record and also perused the impugned judgment and order dated 28.11.2022 and 29.11.2022. Admit.

Let the notice be issued to the respondent No. 2, within a week from today, returnable Page No.# 3/3

in 4 weeks, by registered post with A/D and also by usual process. As Mr. B. Sarma has appeared and accepted notice on behalf of the State respondent No. 1, no formal notice is required to be issued to the respondent No. 1. However, extra requisite copy of the petition be furnished to her during the course of the day. The registry shall all for the record from the learned court below and list the case after 4 weeks.

JUDGE

Comparing Assistant