Partha Bhattacharjee vs The State Of Assam And Anr
2023 Latest Caselaw 1790 Gua

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GAHC010083472023




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

                                  Case No. : Crl.A./151/2023

            PARTHA BHATTACHARJEE
            S/O LATE SAITENDRA KR BHATTACHARJEE,
            VILL.- NATUNPARA, W/NO. 16,
            P.S.- BONGAIGAON, DIST.- BONGAIGAON, ASSAM.



            VERSUS

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

            2:BHRIGU HAZARIKA
             S/O UNKNOWN

            C/O SAYED NUR RAHMAN

            R/O NAGAR SASTRI PATHA
            WARD NO.- 9
            NORTH BONGAIGAON
            DIST.- BONGAIGAON
            ASSAM

Advocate for the Petitioner   : MR. J I BORBHUIYA

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

                                     ORDER

04.05.2023 Heard Mr. J.I. Borbhuiya, learned counsel for the appellant and Ms. S.H. Borah, learned Addl. PP for the State.

This is a statutory appeal filed by the appellant against the Judgment dated 20.03.2023 passed by the Special Judge, Bongaigaon in Special (P) Case No. 6(BGN)/2020. The Special Judge vide the said Judgment convicted the appellant to undergo imprisonment for five years along with a fine of Rs. 30,000/- (Rupees Thirty Thousand Only) under Section 10 of the POCSO Act. The appellant has, therefore, preferred the statutory appeal assailing the impugned Judgment on the ground mentioned in the appeal memo.

Issue Notice, Returnable in four weeks.

As Ms. S.H. Borah, learned Addl. PP appears for the respondent No.1, no formal notice needs to be issued. However, extra copy of the memo of appeal be served to the learned Addl. PP for the State within a period of one week from today.

Steps for service of notice on the respondent No. 2 by registered post with A/D within a period of one week.

It is submitted by the learned counsel for the appellant that the appellant is a disable person suffering from 40% Locomotor Disability which is duly certified by the competent authority and the same was also taken note of by the trial Judge during trial.

Let the LCR be called for.

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List again on 06.06.2023.

JUDGE

Comparing Assistant