Sujit Biswas vs The State Of Assam And Anr
2023 Latest Caselaw 827 Gua

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GAHC010027082023




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

                                  Case No. : Crl.A./64/2023

            SUJIT BISWAS
            S/O RANJIT BISWAS,
            R/O BONDA CLONY,
            P.S.- PRAGJYOTISHPUR,
            DIST.- KAMRUP (M).



            VERSUS

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

            2:NIVA BISWAS
            W/O BIMAL BISWAS

            R/O BONDA CLONY

            P.S.- PRAGJYOTISHPUR

            DIST.- KAMRUP (M)
            PIN- 781026
            ASSAM

Advocate for the Petitioner   : MR. A U CHOUDHURY

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

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28.02.2023

Heard Mr. A.U. Choudhury, learned counsel for the appellant as well as Mr. Bidyut Sarma, learned APP for the State respondent no.1.

This appeal under section 374(2) Cr.P.C. is directed against the judgment and order dated 09.01.2023 passed by the learned Additional Session Judge- cum-Special Judge (POCSO), Kamrup (Metro) in Sessions case no.215/2020 convicting and sentencing the accused with RI for a period of 3 years with a fine of Rs.5,000/- in default of fine to undergo SI for another 3(three) months under section 8 of the POCSO, Act 2012.

Appeal is admitted for hearing.

Call for the records.

Issue notice returnable on 03.04.2023.

No formal steps is required to be taken in respect of the respondent no.1. However, the appellant shall take steps within 2(two) days for service of notice on the respondent no.2 by registered post with A/D. In addition the petitioner shall take usual steps, which will be routed by the Registry through the jurisdictional Magistrate as per the Gauhati High Court Rules with suitable modification to the form.

List the matter on 03.04.2023.

JUDGE

Comparing Assistant