Pabitra Nath vs The State Of Assam And Anr
2023 Latest Caselaw 4677 Gua

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GAHC010255452023




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

                                   Case No. : Crl.A./419/2023

            PABITRA NATH
            S/O SRI DHARANI NATH,
            R/O RANGAMATI, MOHILAPARA, P.S.- PALASHBARI, DIST.- KAMRUP,
            ASSAM.



            VERSUS

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

            2:NIZARA KALITA NATH
            W/O PABITRA NATH

            R/O POLICE STATION QUARTER COMPLEX
            P.S.- PALASHBARI
            P.O.- MIRZA
            DIST.- KAMRUP
            ASSAM

Advocate for the Petitioner   : MR. B K BHAGAWATI

Advocate for the Respondent : PP, ASSAM




             Linked Case : I.A.(Crl.)/1109/2023

            PABITRA NATH
            S/O SRI DHARANI NATH
             R/O RANGAMATI
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          MOHILAPARA
          P.S.- PALASHBARI
          DIST.- KAMRUP
          ASSAM.


           VERSUS

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

          2:NIZARA KALITA NATH
          W/O PABITRA NATH

          R/O POLICE STATION QUARTER COMPLEX
          P.S.- PALASHBARI
          P.O.- MIRZA
          DIST.- KAMRUP
          ASSAM.
          ------------
          Advocate for : MR. B K BHAGAWATI
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                    ORDER

Date : 18.11.2023

Heard Mr. B. K. Bhagawati, learned counsel for the appellant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State of Assam.

This statutory appeal has been preferred by the appellant, namely, Pabitra Nath, impugning the judgment and order dated 25.10.2023 passed by learned Special Judge (POCSO), Kamrup, Amingaon in POCSO Case No. 73/2021, whereby the present appellant has been convicted under sections 448/354/34 of the IPC read with section 8 of the POCSO Act, 2012 and has been sentenced to undergo simple imprisonment for 3 years and a find of Rs. 20,000/- in default of Page No.# 3/3

payment of fine to undergo further simple imprisonment for 2 months under section 8 of the POCSO Act, 2012 as well as he is also sentenced to simple imprisonment for 2 years and to pay a fine of Rs. 10,000/- and in default of payment of fine to undergo further imprisonment of 2 months under section 354/34 of the IPC .

Issue notice to the respondents.

This appeal is admitted for hearing.

As learned Additional Public Prosecutor has appeared for respondent no.1, no formal notice need to be issued to the respondent no. 1.

However, as regards respondent no.2 is concerned, the petitioners shall take steps for issuance of notice to the respondent no.2 by furnishing the copy of notice as well as the memo of appeal to the Registry which will in turn forward the same to the learned Additional Public Prosecutor who will forward it to the Officer-in-Charge of Palashbari Police Station and after serving the notice on the respondent no.2, Officer-in-Charge of Palashbari Police Station will submit a service report through learned Additional Public Prosecutor to this Court.

There shall be a stipulation added in the notice issued to the respondent no.2 that in the event the respondent no. 2 is unable to engage a counsel of her own choice, she shall be afforded with the services of a Legal Aid Counsel by this Court to defend her cause in this appeal.

Let this matter be listed on 04.12.2023 along with Criminal Appeal No. 411/2023.

JUDGE

Comparing Assistant