Harihar Thakuria vs The State Of Assam And Anr
2023 Latest Caselaw 34 Gua

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GAHC010266292022




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

                                 Case No. : Crl.A./351/2022

            HARIHAR THAKURIA
            S/O PHATIK CH. THAKURIA,
            VILL.- KHAGRABARI,
            P.S.- SIMLA,
            DIST.- BAKSA, ASSAM, PIN-



            VERSUS

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

            2:GOPESH DAS
             S/O LATE JADAV DAS

            VILL.- ROWMARI

            P.S.- SALBARI

            DIST.- BAKSA
            ASSAM
            PIN

Advocate for the Petitioner   : MR. A CHAUDHURY

Advocate for the Respondent : PP, ASSAM




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

Date : 02-01-2023 Suman Shyam, J

Heard Mr. A. Choudhury, learned counsel for the appellant.

This appeal is directed against the judgment dated 01-12-2022 passed by the court

of Special Judge (POCSO), Baksa in connection with Special (POCSO) Case No. 06/2019

whereby, the appellant has been convicted under Section 366 of the IPC read with

Section 4 of the POCSO Act, 2012. For the offence committed under Section 366 IPC, the

appellant has been sentenced to undergo rigorous imprisonment for 06 years and to pay

fine of Rs. 5,000/- with default stipulation. For the offence committed under Section 4 of

the POCSO Act, the appellant has been sentenced to undergo rigorous imprisonment for

15 years and to pay fine of Rs. 20,000/- with default stipulation.

We have perused the grounds taken in the memo of appeal and have also gone

through the impugned judgment.

Admit the appeal.

Call for the LCR.

Issue notice returnable in 06 weeks.

Since Ms. S. Jahan, learned Addl. P.P. Assam has accepted notice on behalf of the

State/ respondent No. 1, no formal notice is required to be sent to the said respondent.

Notice be, however, sent to the informant who is the father of the victim.

                          JUDGE                       JUDGE
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GS




Comparing Assistant