Akash Bhumij vs The State Of Assam And Anr
2023 Latest Caselaw 2563 Gua

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GAHC010129802023




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

                                  Case No. : Crl.A./212/2023

            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
            ASSA

Advocate for the Petitioner   : MR I HASSAN

Advocate for the Respondent : PP, ASSAM
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                                     BEFORE
                      HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                      ORDER

16-06-2023

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

This Criminal Appeal has been preferred against 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. By the said judgment the appellant was convicted under Section 10 of POCSO Act and 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 appellant shall take steps for service of notice upon the respondent no.2 by registered post with A/D within a week from today. Let the LCR in respect of case No. Special (POCSO) 41/2022 be called for from the Court of Additional Sessions Judge-cum-Special Judge, (POCSO), Sivasagar. List the matter after receipt of the LCR.

JUDGE Comparing Assistant