Puklu Munda vs The State Of Assam
2023 Latest Caselaw 2652 Gua

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GAHC010037362023




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

                            Case No. : CRL.A(J)/27/2023

           PUKLU MUNDA
           S/O LATE SUNU MUNDA, R/O JHARNI BASTI, NEAR KASARI PATHAR, P.S.-
           BORDUBI, DIST-DIBRUGARH

           VERSUS

           THE STATE OF ASSAM
           REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

For the Appellant     :     .......................
For the Respondent(s) :     Mr. D. Saikia, Advocate General, Assam assisted by Mr.

R.K. Bora, Additional Senior Government Advocate, Assam.

Ms. S. Jahan, Public Prosecutor, Assam.

-B E F O R E -

HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE MITALI THAKURIA

21.06.2023

Ms. S. Jahan, learned Public Prosecutor, Assam submits that it is essential to implead the complainant/victim as a party in the appeal because conviction of the accused has been recorded for committing sexual assault on a minor victim Page No.# 2/2

who was less than 15 years on the date of the incident.

This Court is apprised that a Division Bench in the case of Bormoty Panggeng Vs. State of Arunachal Pradesh and Anr. , reported in 2021(1) GLT 833, has taken a view that it is not essential to implead the complainant/victim as a party in criminal appeals.

We request learned Advocate General, Assam Mr. D. Saikia to assist this Court in this matter because, on going through the above judgment, it is apparent that certain mandatory provisions of the POCSO Act and Rules were not considered.

Re-notify on 23.06.2023.

                       JUDGE                         CHIEF JUSTICE




Comparing Assistant