Abdullah vs The State Of Assam And Anr
2023 Latest Caselaw 1876 Gua

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GAHC010073362023




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

                            Case No. : Crl.A./98/2023


         ABDULLAH
         S/O ABDUL SALAM
         VILLAGE NAGAJAN
         PO AND PS KHARUPETIA
         DIST DARRANG
         ASSAM 784115




          VERSUS

         THE STATE OF ASSAM AND ANR.
         REPRESENTED BY PP
         ASSAM

         2:SMTI SULTANA BEGUM

         W/O LATE MUSTAFA ALI

          RESIDENT OF VILLAGE NAGAJAN PO AND PS KHARUPETIA
          DIST DARRANG

          ASSAM 784115


          ------------
          Advocate for : MR H R A CHOUDHURY

         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                    BEFORE
                   HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
                        HONOURABLE MR. JUSTICE K. SEMA

                                      ORDER

Date : 10.05.2023 (Lanusungkum Jamir, J)

Heard Mr.A.Ahmed, learned counsel for the applicant. Also heard Ms.B.Bhuyan, learned Additional PP, Assam.

The applicant as appellant had filed the Criminal Appeal No.98/2023, challenging the judgment and order dated 23.06.2022 passed by the learned Special Judge, Darrang, Mangaldoi, Assam in Special (POCSO) Case No.40/2020 by which the applicant was convicted and sentenced to undergo rigorous imprisonment for 20(twenty) years and to pay a fine of Rs.5000/- (Rupees five thousand) only in default to suffer rigorous imprisonment for 6(six) months under Section 6 of POCSO Act.

In the present application, the applicant has annexed a Transfer Certificate dated 12.10.2019, issued by the Head Master, Pub Bholabari L.P.School wherein, it is indicated that his date of birth is 10.01.2003. The FIR was lodged on 23.06.2022, stating that the date of occurrence occurred about 5(five) months back. Therefore, the applicant submits that on the date of occurrence the applicant was a minor i.e., about 17(seventeen) years and a few months.

The said School Leaving Certificate is annexed as Annexure II in the present application.

Considering the above, the Special Judge, Darrang, Mangaldoi is directed to cause an enquiry and submit a report before this Court with regard to the age of the accused/applicant on the date of occurrence within a period of Page No.# 3/3

1(one) month. The applicant is also permitted to produce the School Leaving Certificate before the Special Judge, Darrang, Mangaldoi along with a certified copy of the order of this Court before the learned Special Judge, Darrang within a period of 1(one) week from today.

List after 6(six) weeks.

                                  JUDGE                      JUDGE



Comparing Assistant