Nitya Nanda Gogoi vs The State Of Assam And Anr
2023 Latest Caselaw 2172 Gua

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GAHC010108752023




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

                                 Case No. : Crl.A./169/2023

            NITYA NANDA GOGOI
            S/O HALIRAM GOGOI
            RESIDENT OF VILLAGE AKHAIPUTIA, KHELUA, DIST SIBSAGAR, ASSAM
            785697



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:MRS. ROSHAN KHATUN
            W/O SYOUKAT KHAN

            RESIDENT OF B.G ROAD
            PS AND DIST SIVASAGAR
            ASSAM 78564

Advocate for the Petitioner   : M K BORAH

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

24.05.2023

Heard Mr. M.K. Borah. , learned counsel for the appellant. Also heard Mr. Page No.# 2/2

B. Sarma, learned Additional Public Prosecutor, Assam appearing for the State/respondent No.1.

This appeal under Section 374 Cr.P.C. has been preferred against the impugned Judgment and Order of conviction, dated 09.05.2023, passed by the learned Addl. Sessions Judge-cum-Special Judge (POCSO) in Special (POCSO) Case No. 15/2020 arising out of Sivasagar P.S. Case No.1394/2019 under Section 12 of the POCSO Act, 2012, whereby convicted the accused/appellant u/s 6/18 of the POCSO Act to undergo R.I. for 10 years with fine of Rs.5,000/-, in default, to undergo R.I. for another 3 months.

This appeal is admitted.

As Mr. B. Sarma, learned Additional Public Prosecutor, has accepted notice on behalf of the State/respondent No.1, no fresh notice needs to be issued. However, a copy of the memo of appeal along with the documents annexed thereto, be furnished to Mr. Sarma within 2(two) days.

Issue notice to the respondent No.2. steps be taken by registered post with A/D within 3(three) days.

Call for the records.

List on 19.06.2023.

JUDGE

Comparing Assistant