Rejaul Karim @ Mecher Ali @ Samir ... vs The State Of Assam And Anr
2023 Latest Caselaw 15 Gua

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GAHC010265402022




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

                                  Case No. : Crl.A./352/2022

            REJAUL KARIM @ MECHER ALI @ SAMIR ALI
            S/O FAZAR ALI
            RESIDENT OF GULANDIHABI, PO SAMTILA, PS DHULA, DIST DARRANG,
            ASSAM

            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:MALENSA KHATOON
            W/O MD. ZAKIR HUSSAIN
            RESIDENT OF VILLAGE BHULINIDUBA
             PS AND DIST UDALGURI
            ASSA

Advocate for the Petitioner   : MR. A T SARKAR

Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

Date : 02.01.2023

Heard Mr. A.T. Sarkar, learned counsel for the accused-appellant and Mr. B. Sharma, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

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This appeal under Section 374[2], Code of Criminal Procedure, 1973 [CrPC] is directed against a judgment and order dated 23.11.2022 passed by the learned Assistant Sessions Judge, Udalguri ['the trial court', for short] in Sessions [II] Case no. 50/2022. By the impugned judgment and order dated 23.11.2022, the learned trial court has convicted the accused-appellant for the offence under Section 366, Indian Penal Code and he has been sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo simple imprisonment for another [1] one year.

The appeal is admitted.

Let the LCR be called for.

Issue notice, returnable in 4 [four] weeks.

As Mr. Sharma, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent no. 1, State of Assam, no formal notice need to be issued to the said respondent. Mr. Sarkar, learned counsel for the accused-appellant shall furnish an extra copy of the memo of appeal along with the annexures, to Mr. Sharma within 3 [three] working days from today.

The appellant shall take steps for service of notice upon the respondent no. 2 by registered post with A/D as well as by usual process within 3 [three] working days from today.

List the case again on receipt of the LCR.

JUDGE

Comparing Assistant