Akash Bhumij vs The State Of Assam And Anr
2023 Latest Caselaw 2556 Gua

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GAHC010129802023




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



          I.A.(Crl.)/505/2023

         AKASH BHUMIJ
         S/O LATE TANKE BHUMIJ RESIDENT OF VILLAGE RAJMAI
         PS DEMOW
         DIST SIVASAGAR
         ASSAM


          VERSUS

         THE STATE OF ASSAM AND ANR.
         REPRESENTED BY PP ASSAM

         2:XXX
         RE VICTIM GIRL REPRESENTED BY THE INFORMANT
          SMTI REKHA GOWALA
         W/O RUPAK GOWALA
          RESIDENT OF RAJMAI KAKOJANGHAL GAON
          PS RAJMAI
          PS DIMOW
          DIST SIVASAGAR
         ASSAM
          ------------
         Advocate for : MR I HASSAN
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                     BEFORE
                      HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                        ORDER

16-06-2023

Heard Mr. I. Hasan, learned counsel for the applicant.

This Interlocutory Application has been filed by the applicant to suspend the judgment order dated 19.04.2023 passed by the Court of Additional Sessions Judge- cum-Special Judge, (POCSO), Sivasagar in case No. Special(POCSO) 41/2022 under Section 10 of POCSO Act by which the applicant was sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.5,000/- and in default to under RI for 3 years and also to pay a fine of Rs.5,000/- in default to undergo RI for a period of 3 months under Section 354 of the IPC.

Let notice be issued, Returnable within 3 (three) weeks.

Ms. S.H. Borah, learned Additional Public Prosecutor, Assam, appears on behalf of the respondent no. 1, so notice is waived in respect of the respondent no.1. However, extra copies of the petition be served to Ms. S.H. Borah, learned Additional Public Prosecutor, Assam within a week from today. Learned counsel for the applicant shall take steps for service of notice upon the respondent no.2 by registered post with A/D within a week from today. The prayer for bail will considered after perusal of the LCR.

List accordingly.

JUDGE

Comparing Assistant