Biren Das vs The State Of Assam And Anr
2023 Latest Caselaw 2748 Gua

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GAHC010096102023




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

                                  Case No. : Crl.A./235/2023

            BIREN DAS
            S/O- LATE JIBAN MANI DAS, R/O- KALHABHANGA WARD NO. 4, P.S.-
            BARPETA ROAD, DISTRICT- BARPETA(ASSAM), PIN- 781314.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP, ASSAM.

            2:SMT. SILA SINGH
            W/O- SRI RAKESH SINGH

            R/O- KALHABHANGA WARD NO. 4
            P.S.- BARPETA ROAD
            DISTRICT- BARPETA(ASSAM)
            PIN- 781314

Advocate for the Petitioner   : MR. S S S RAHMAN

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

24.07.2023

Heard Mr. SSS Rahman, learned counsel for the appellant. Also heard Mr. B.

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Sarma, learned Addl. Public Prosecutor, Assam appearing for the State respondent No.1.

This appeal under Section 374(2) Cr.P.C. has been preferred against the impugned judgment and order, dated 23.12.2022, passed by the learned Addl. Sessions Judge-cum-Special Judge (POCSO), Barpeta, in Special POCSO Case No.91/2018 (G.R. No.1354/2017) arising out of Barpeta Road P.S. Case No.118/2017 convicting the accused/appellant under Section 8 of the POCSO Act and sentencing him to undergo R.I. for 5 years with fine of Rs.10,000/-, in default, to undergo S.I. for another 6 months.

This appeal is admitted.

Call for the records.

As Mr. B. Sarma, learned Addl. Public Prosecutor, has accepted notice on behalf of the State respondent No.1, no fresh notice needs be issued. However, a copy of the memo of appeal along with the documents annexed thereto, be furnished to Mr. Sarma within 3(three) days.

Issue notice to the respondent No. 2. Steps be taken by registered post with A/D within 5(five) days.

List after receipt of the LCR.

JUDGE

Comparing Assistant