Mushlim Ali vs The State Of Assam And Anr
2023 Latest Caselaw 2466 Gua

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GAHC010119652023




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

                                  Case No. : Crl.A./199/2023

             MUSHLIM ALI
             S/O MOKSED ALI,
             VILL.- PITHADIPAM, P.O.- NALIGAON, P.S.- SARTHEBARI, DIST.- BARPETA
             (ASSAM), PIN- 781352.

             VERSUS

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

             2:MD. HARMUJ ALI
              S/O LATE ABDUL ALI
             VILL.- PITHADIPAM
              P.O.- NALIGAON
              P.S.- SARTHEBARI
              DIST.- BARPETA (ASSAM)
              PIN- 781352

Advocate for the Petitioner   : MR. S S S RAHMAN

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                  HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

Date : 09-06-2023 (M. Zothankhuma, J)

Heard Mr. SSS Rahman, learned counsel for the appellant, who submits that the judgment dated 31.03.2023, passed by the learned Additional Sessions Page No.# 2/2

Judge -cum- Special Judge (POCSO), Barpeta in Special POCSO Case No. 52/2018, convicting the appellant under Section 4 of the POCSO Act should be set aside. Consequently, the appellant was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/-, in default simple imprisonment for one year.

However, Rule 7(b) of Chapter II of the Gauhati High Court Rules provides that cases where rigorous imprisonment for more than ten years has been awarded, shall be heard and decided by the Division Bench. As the sentence awarded in the present case is rigorous imprisonment for ten years, the matter would have to be heard by the learned Single Bench.

Therefore, Registry is directed to list this matter before the appropriate Single Bench at the earliest.

                                       JUDGE                JUDGE




Comparing Assistant