Sabder Ali Sarkar vs The State Of Assam And Anr
2023 Latest Caselaw 829 Gua

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GAHC010037652023




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

                                  Case No. : Crl.A./65/2023

            SABDER ALI SARKAR
            SABDER ALI SARKAR,
            S/O LATE SORHAB ALI SARKAR,
            VILL.- FALIMARI,
            P.S.- FAKIRGANJ,
            DIST.- DHUBRI (ASSAM).



            VERSUS

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

            2:SHAHANUR MONDAL
             S/O MOINUL HOQUE MONDAL

            R/O FALIMARI

            P.S.- FAKIRGANJ

            DIST.- DHUBRI (ASSAM)
            PIN- 783330

Advocate for the Petitioner   : MR. L R MAZUMDER

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

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28.02.2023

Heard Mr. L.R. Mazumder, learned counsel for the appellant as well as Mr. Bidyut Sarma, learned APP for the State respondent no.1.

This appeal under section 374 Cr.P.C. is directed against the judgment and order dated 30.01.2023 passed by the learned Additional Session Judge-cum- Special Judge (POCSO), Dhubri in Special case no.115/2021 convicting and sentencing the accused under section 354-B IPC and section 8 of POCSO Act sentencing him to undergo RI for a period of 7 years with a fine of Rs.25,000/- under section 354-B IPC in default of fine to undergo RI for another 6 months.

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