Mushlim Ali vs The State Of Assam And Anr
2023 Latest Caselaw 2565 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 MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                          ORDER

Date : --16.06.2023.

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Heard Ms. S.Z. Hayat, learned counsel for the petitioner. The petitioner preferred this appeal under section 374(4) of the Cr.P.C. against the judgment and order dated 31.03.2023, passed in Special POCSO Case No. 52/2018 (G.R. No. 1037/2018) arising out of Sarthebari P.S. Case No. 104/2018, passed by the learned Additional Sessions Judge Cum Special Judge (POCSO) at Barpeta, Assam sentencing him to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs. 10,000/- with default stipulation. Appeal is admitted for hearing.

Issue notice to the respondent No. 2 through registered post with AD as well as by other usual process returnable within 4 (four) weeks. Call for the LCR.

Mr. K.K. Parasar, learned Additional public Prosecutor for the State respondent No. 1/opposite party is present and accepted notice on behalf of respondent No. 1, no formal notice is required to be served on respondent No. 1. List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant