Page No.# 1/4 vs The State Of Assam And Anr
2023 Latest Caselaw 4730 Gua

Gauhati High Court

Page No.# 1/4 vs The State Of Assam And Anr on 24 November, 2023

                                                               Page No.# 1/4

GAHC010263502023




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

                                  Case No. : Crl.A./428/2023

            IBRAHIM ALI AND ANR.
            S/O TAIZUDDIN ALI @ TAIZUDDIN,
            VILL.- GHOGA BADRIA AKHIYA,
            P.S.- MUKALMUA, DIST.- NALBARI, ASSAM.

            2: JIYAR ALI @ MD. JIAR ALI @ JIYAB ALI
             S/O SIRAJ ALI

            VILL.- GHOGA BADRIA AKHIYA

            P.S.- MUKALMUA
             DIST.- NALBARI
            ASSAM

            VERSUS

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

            2:DIPAK KALITA
             S/O BIRESH KALITA

            VILL.- RAMPUR (SUJANPARA)

            P.S.- PALASHBARI
             DIST.- KAMRUP
            ASSAM

Advocate for the Petitioner   : MR. A T SARKAR

Advocate for the Respondent : PP, ASSAM
                                                   Page No.# 2/4



Linked Case : I.A.(Crl.)/1129/2023

IBRAHIM ALI AND ANR.
S/O TAIZUDDIN ALI @ TAIZUDDIN
 VILL.- GHOGA BADRIA AKHIYA
 P.S.- MUKALMUA
 DIST.- NALBARI
 ASSAM.

2: JIYAR ALI @ MD. JIAR ALI @ JIYAB ALI
S/O SIRAJ ALI

VILL.- GHOGA BADRIA AKHIYA

P.S.- MUKALMUA
 DIST.- NALBARI
ASSAM.
 VERSUS

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

2:DIPAK KALITA
S/O BIRESH KALITA

VILL.- RAMPUR (SUJANPARA)

P.S.- PALASHBARI
 DIST.- KAMRUP
ASSAM.
 ------------
Advocate for : MR. A T SARKAR
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
                                                                       Page No.# 3/4




                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                    ORDER

Date : 24.11.2023

Heard Mr. A. T. Sarkar, learned counsel for the appellant. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent.

This appeal has been filed under section 374(2) of the Code of Criminal Procedure, 1973, by the appellants, namely, 1. Ibrahim Ali, and 2. Jiyar Ali @ Md. Jiar Ali @ Jiyab Ali, impugning the judgment and order dated 07.11.2023 passed by learned Special Judge (POCSO), Amingaon, Kamrup whereby the present appellant has been convicted under section 12 of the POCSO Act, 2012 and has been sentenced to undergo simple imprisonment for 3 years and to pay a fine of Rs. 10,000/- and in default of payment of fine, to go simple imprisonment for 2 months.

The appellants were also convicted under section 354D of the IPC and were sentenced to undergo simple imprisonment for 3 years and to pay a fine of Rs. 10,000/- and in default of payment of fine, to go simple imprisonment for 2 months.

Call for the case record of Special (POCSO) Case No. 24/2012 from the learned Special Judge (POCSO), Amingaon, Kamrup.

Issue notice to the respondents returnable within two weeks. As learned Additional Public Prosecutor has appeared for the respondent no. 1, no formal notice need to be issued to the respondent no.1.

Page No.# 4/4

As regards respondent no.2 is concerned, the notices shall be issued to respondent no.2 in the mode as prescribed in the case i.e., Deepak Nayak Vs. State of Assam.

Let this matter be listed after two weeks.

The appeal is admitted.

JUDGE

Comparing Assistant