Md. Mohiruddin vs The State Of Assam And Anr
2023 Latest Caselaw 141 Gua

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GAHC010262972022




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

                                   Case No. : Crl.A./1/2023

            MD. MOHIRUDDIN
            S/O MOSEER ALI,
            R/O NO. 3 DAKSHIN RANGA PANI,
            P.S.- BOKO,
            DIST.- KAMRUP (R), ASSAM.

            VERSUS

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

            2:RINIKI BEGUM
            W/O NUR ALI

            R/O GARIGAON FAKIRPARA

            P.S.- JALUKBARI

            DIST.- KAMRUP (METRO)
            ASSAM

Advocate for the Petitioner   : MR. A M BORA

Advocate for the Respondent : PP, ASSAM


                                   BEFORE
                    HONOURABLE MR. JUSTICE SUMAN SHYAM
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

09.01.2023 (Suman Shyam, J) Page No.# 2/3

Heard Mr. V. A. Choudhury, learned counsel for the appellant. Also heard Ms. S.

Jahan, learned Addl. P.P., Assam appearing for the State.

This appeal is presented against the judgment and order dated 29.11.2022

passed by the learned Additional Sessions Judge -cum- Special Judge

(POCSO), Kamrup (M), Guwahati in connection with Sessions Case No.415/2018

whereby the appellant was convicted under Section 6 read with Section 8 of

the POCSO Act and sentenced to undergo rigorous imprisonment for 25 years

and also to pay fine of Rs.20,000/- with default stipulation for committing the

offence under Section 6 of the POCSO Act. The appellant was also sentenced

to undergo rigorous imprisonment for 5 years and to pay fine of Rs.5000/- for the

offence committed under Section 8 of the POCSO Act. Both the sentences are

to run concurrently.

We have gone through the impugned judgment. Also considered the

submissions made by the learned counsel for both the sides.

Admit the appeal.

Call for the LCR.

Issue notice returnable in six weeks.

Since Ms. S. Jahan, learned Addl. P.P., Assam has entered appearance and

accepted notice on behalf of the State/respondent No.1, no formal notice is

required to be sent to the State.

Appellant to, however, take steps by registered post with A/D for service of

notice upon the victim/respondent No.2 within a week from today.

                             JUDGE                             JUDGE
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Comparing Assistant