Saiful Hoque @ Rahman vs The State Of Assam And Anr
2023 Latest Caselaw 1239 Gua

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GAHC010024542023




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

                                    Case No. : Crl.A./99/2023

            SAIFUL HOQUE @ RAHMAN
            S/O SOIDUR RAHMAN, R/O SARALDANGA, P.S.- GAURIPUR, DIST.-
            DHUBRI, ASSAM.



            VERSUS

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

            2:MOZIRA BHANU
             D/O- MD. MAZUR ALI
            VILLAGE- DAMPUR PT-I
             P.O.- ALOMGANJ
             P.S.- KAZIGAON
             DISTRICT- KOKRAJHAR
             BTR
             PIN- 78333

Advocate for the Petitioner   : MR. A ALI

Advocate for the Respondent : PP, ASSAM




             Linked Case : I.A.(Crl.)/233/2023

            SAIFUL HOQUE @ RAHMAN
            S/O SOIDUR RAHMAN
            R/O SARALDANGA
            P.S.- GAURIPUR
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              DIST.- DHUBRI
              ASSAM.


              VERSUS

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

              2:MOZIRA BHANU
              D/O- MD. MAZUR ALI
              VILLAGE- DAMPUR PT-I
               P.O.- ALOMGANJ
               P.S.- KAZIGAON
               DISTRICT- KOKRAJHAR
               PIN- 783339
               ------------
              Advocate for : MR. A ALI
              Advocate for : PP
              ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                     BEFORE
                      HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                      ORDER

27.03.2023

Heard Mr. A. Ali, learned counsel for the appellant. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent.

This appeal is directed against the impugned judgment and order dated 22.10.2022, passed by the learned Assistant Sessions Judge, Kokrajhar, in Sessions Case No. T.2/25/2019, whereby, the learned Court below convicted the accused under Section 376 IPC and sentenced him to undergo R.I. for 10 (ten) years and to pay fine of Rs. 10,000/- with default stipulation.

Admit.

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Issue notice to the respondents, returnable within 4 (four) weeks.

Since Mr. D. Das, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of State respondent No. 1, no formal notice is required to be issued to the said respondent. However, he shall be provided with requisite extra-copy of the petition during the course of the day, if not already furnished.

Learned counsel for the petitioner shall take steps for service of notice upon respondent No. 2 by registered post with A/D as well as by usual process.

Also, call for the record from the learned Court below.

List the matters after 4 (four) weeks.

JUDGE

Comparing Assistant