Shri David Bright Basumatary vs The State Of Assam And Anr
2023 Latest Caselaw 4670 Gua

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GAHC010231222023




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

                                 Case No. : Crl.A./404/2023

            SHRI DAVID BRIGHT BASUMATARY
            S/O LATE SOLENDRA BASUMATARY, R/O VILLAGE - RAMDEO,
            KASHIABARI, P.S- GOSAIGAON, DISTRICT- KOKRAJHAR.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY LEARNED PUBLIC PROSECUTOR, GAUHATI HIGH
            COURT.

            2:THEOPHIL MUSHAHARY
             S/O SUNEN MUSHAHARY
             R/O SUENDRAPUR
             P.S.-GOSSAIGAON
             DISTRICT- KOKRAJHAR

Advocate for the Petitioner   : MR. A BHATTACHARJEE

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM
                    HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                          ORDER

Date : 17-11-2023 Suman Shyam, J

Heard Mr. A. Bhattacharjee, learned counsel for the appellant. Also heard Ms. S.

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Jahan, learned Addl. P.P. Assam appearing for the State.

This appeal is directed against the judgment and order dated 01-08-2023 passed by the learned Special Judge, POCSO, Kokrajhar in connection with Special Case No. 15/2022 convicting the appellant under Section 6 of the POCSO Act, 2012 and sentencing him to undergo rigorous imprisonment for life and to pay fine of Rs. 20,000/- with default stipulation.

We have perused the grounds taken in the memo of appeal.

Admit the appeal.

Call for the LCR.

Issue notice returnable in 06 weeks.

Since Ms. S. Jahan, learned Addl. P.P. Assam has accepted notice on behalf of respondent No. 1, no formal notice is required to be sent to the said respondent.

Notice be sent to the victim/ respondent No. 2 to be served through the natural guardian by following the usual process.

Steps within a week from today.

                           JUDGE                     JUDGE
GS




Comparing Assistant