Bullet Tossa vs The State Of Assam And Anr
2023 Latest Caselaw 2764 Gua

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GAHC010126692023




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

                                 Case No. : CRL.A(J)/84/2023

            BULLET TOSSA
            S/O- SRI GAURISHANKAR TOSSA , RESIDENT OF KHUMTAI
            KOYLAGORHA, P.O.- MORANHAT, DIST.- SIVASAGAR, ASSAM - 785670



            VERSUS

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

            2:SRI BASANTA GOWALA
             S/O- SAM GOWALA
             KHUMTAI
             KOYLAGORHA VILLAGE
             P.S.- MORANHAT
             DIST.- SIVASAGAR
            ASSA

Advocate for the Petitioner   : MRS. S KHATANIAR (LEGAL AID COUNSEL)

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

25.07.2023

Heard Ms. S. Khataniar, learned legal aid counsel for the appellant and Page No.# 2/2

Mr. B. Sarma, learned Addl. P.P. for the State respondent.

2. This statutory appeal is directed against the judgment and order dated 22.12.2022, passed by the learned Special Judge, POCSO, Charaideo in Special [P] Case No. 23/2015.

3. It is to be noted here that vide impugned judgment and order dated 22.12.2022, the learned court below has convicted the appellant under Section 376[2][i] of the IPC and sentenced him to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs. 50,000/- in default stipulation.

4. Perused the petition and the impugned judgment and order dated 22.12.2022, admit.

5. Let the notice be issued to the respondent no. 2, within a week from today, returnable in 4 weeks, by registered post with A/D and usual process. As Mr. Sarma, learned Addl. P.P. has appeared and accepted notice on behalf of the State respondent, no formal notice is required to be issued. However, extra requisite copy of the petition be furnished to the State respondent during the course of the day.

6. Registry to call for the record from the learned court below.

7. List the matter after 4 [four] weeks.

JUDGE

Comparing Assistant