Binay Kumar Singha vs The State Of Assam And Anr
2023 Latest Caselaw 2765 Gua

                                                                        Page No.# 1/2

GAHC010149942023




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

                                  Case No. : Crl.A./240/2023

            BINAY KUMAR SINGHA
            S/O. LT. BIRAHARI SINGHA, R/O. VILL. VITOR GANGAPUR PART-I, P.S.
            BORKHOLA, DIST. CACHAR, ASSAM.



            VERSUS

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

            2:AJIT DEB
             S/O. LT. AKHIL CHANDRA DEB
             R/O. VILL. DHOLCHERRA PART-II
             P.O. JAROITOLA BAZAR
             P.S. BORKHOLA
             DIST. CACHAR
            ASSAM

Advocate for the Petitioner   : MR F A LASKAR

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

25.07.2023

Heard Mr. F.A. Laskar, learned counsel appellant and Mr. B. Sarma, Page No.# 2/2

learned Addl. P.P. for the State respondent.

2. This Criminal appeal is directed against the judgment and order dated 19.06.2023, passed by the learned Special Judge, POCSO, Cachar in Special [P] Case No. 14/2021.

3. It is to be noted here that vide impugned judgment and order dated 19.06.2023, the learned court below has convicted the appellant under Section 354 of the IPC and sentenced him to undergo rigorous imprisonment for 2 years and also to pay a fine of Rs. 10,000/- with default stipulation.

4. Perused the petition as well as the impugned judgment and order dated 19.06.2023, 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