Page No.# 1/2 vs The State Of Assam And Anr
2023 Latest Caselaw 1718 Gua

                                                         Page No.# 1/2

GAHC010054762023




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

                           Case No. : Crl.A./144/2023

         AHAMMED ALI MONDAL AND ANR.
         S/O LATE ABDUR RAHMAN MONDAL,
         VILL.- BHALUKDUBI (NEAR ST. THOMAS SCHOOL),
         P.S.- GOALPARA,
         DIST.- GOALPARA, ASSAM, PIN- 783101.

         2: FARHANA ISLAM
          D/O LATE AHAMMED ALI MONDAL

         VILL.- BHALUKDUBI (NEAR ST. THOMAS SCHOOL)

         P.S.- GOALPARA

         DIST.- GOALPARA
         ASSAM
         PIN- 783101

         VERSUS

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

         2:MUZAHIDUR RAHMAN MONDAL
          S/O LT. ROKIBUL HUSSAIN MONDAL

         VILL.- NOLONGA

         P.S.- BAGUAN

         P.O.- NOLONGA

         DIST.- GOALPARA
         ASSAM
         PIN- 783101
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Advocate for the Petitioner     : MR. M A SHEIKH

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                               ORDER

Date : --02.05.2023 Heard Mr. M.A. Sheikh, learned counsel for the appellants. This appeal under Section 372 Cr.P.C. has been filed against the impugned judgment and order of acquittal dated 11.11.2022 passed by the learned Special Judge, Goalpara in Special Case No. 22/2020 whereby the Opposite party No. 2 was acquitted of charges under Section 4 of the POCSO Act and also under Section 376 (1) of the IPC.

Heard Mr. P. Borthakur, learned Addl. P.P., Assam for the respondent No. 1. The learned Addl. P.P. has accepted notice, therefore, no formal notice need be issued to respondent No. 1. However, extra copies be furnished.

The appeal is admitted for hearing.

Call for the LCR.

Issue notice to the respondent No. 2 returnable by 4 weeks. The appellant shall take steps in respect of respondent Nos. 2 by registered A/D post as well as usual process within 3 days.

List the matter after 4 weeks.

JUDGE

Comparing Assistant