Krishna Das vs The State Of Assam And Anr
2023 Latest Caselaw 4102 Gua

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GAHC010220932023




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

                                 Case No. : CRL.A(J)/109/2023

            KRISHNA DAS
            S/O SRI DHANIRAM DAS,
            R/O BAGHAR GAON UNDER JENGRAIMUKH POLICE STATION IN THE
            DISTRICT OF MAJULI, ASSAM.



            VERSUS

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

            2:PROTIMA DAS
            W/O SRI BITUL DAS

            R/O BAGHAR GAON UNDER JENGRAIMUKH POLICE STATION IN THE
            DISTRICT OF MAJULI
            ASSAM

Advocate for the Petitioner   : MRS. P B BORDOLOI (LEGAL AID COUNSEL)

Advocate for the Respondent : PP, ASSAM


             Linked Case : I.A.(Crl.)/945/2023

            KRISHNA DAS
            S/O SRI DHANIRAM DAS
            R/O BAGHAR GAON UNDER JENGRAIMUKH POLICE STATION IN THE
            DISTRICT OF MAJULI, ASSAM.

             VERSUS

            THE STATE OF ASSAM AND ANR.
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              REP. BY P.P., ASSAM.
              2:PROTIMA DAS,W/O SRI BITUL DAS
               R/O BAGHAR GAON UNDER JENGRAIMUKH POLICE STATION IN THE
              DISTRICT OF MAJULI, ASSAM.
               ------------
              Advocate for : MRS. P B BORDOLOI (LEGAL AID COUNSEL)
              Advocate for : PP
              ASSAM appearing for THE STATE OF ASSAM AND ANR.


                                     BEFORE
                        HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                              ORDER

Date : 04.10.2023

Heard Ms. P. B. Bordoloi, learned Legal Aid Counsel for the appellant and also heard Mr. D. Das, learned Addl. P.P. for the State respondent.

This application u/s 389(1) Cr.P.C. is preferred by Sri Krishna Das for suspension of sentence passed by learned Special Judge, Majuli vide impugned Judgment dated 27.7.2023 and order dated 28.7.2023 in Special Case No. 52/2023 u/s 8 of the POCSO Act.

Connected Criminal Appeal has already been admitted and the record has already been called for.

Let notice be issued to respondent No.2 returnable in four weeks.

Steps be taken upon respondent No.2 by registered post and also by usual process within a week from today However, no formal notice is required to be issued to respondent No.1, since Mr.D.Das, learned Addl. P.P. appeared and accepted notice. However, extra requisite copy of the petition be furnished to him during the course of the day.

List the matter after four weeks.

Interim prayer of the petitioner will be considered after appearance of the respondent No.2.

JUDGE

Comparing Assistant