The State Of Assam vs Dilip Mandal @ Biswas
2023 Latest Caselaw 2693 Gua

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GAHC010147872023




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

                                  Case No. : Crl.L.P./34/2023

             THE STATE OF ASSAM
             REPRESENTED BY PP ASSAM.


             VERSUS

             DILIP MANDAL @ BISWAS
             S/O KARTIK BISWAS, RESIDENT OF TINSUKIA, PS BHURAGAON, DIST
             MORIGAON, ASSAM


Advocate for the Petitioner   : PP, ASSAM

Advocate for the Respondent :




                                   BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                            ORDER

Date : 17-07-2023 (M. Zothankhuma, J)

Heard Ms. B Bhuyan, learned Additional Public Prosecutor appearing for the applicant, who submits that the applicant should be given leave to appeal against the impugned judgment and order dated 15.12.2022, passed by the learned Additional Sessions Judge cum Special Judge (POCSO), Morigaon in POCSO Case No. 21/2021, by which the respondent has been acquitted of the Page No.# 2/2

charge under Sections 366/376 of the IPC read with Section 6 of the POCSO Act. She submits that the victim girl was 14 years of age as per the school certificate submitted by the prosecution. Further, the Medical Officer (PW-5) in her evidence has stated that on the basis of the radiologoical investigation dated 03.12.2020, the age of the victim was above 16 years and below 18 years.

Issue notice, returnable in 4 (four) weeks.

Petitioner to take steps for service of notice upon the respondent by registered post with A/D within three days.

List the matter after 4 (four) weeks.

                                        JUDGE                JUDGE




Comparing Assistant