Niranjan Mandal vs The State Of Assam And Anr
2023 Latest Caselaw 4156 Gua

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GAHC010149152023




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

                                  Case No. : Crl.A./272/2023

            NIRANJAN MANDAL
            S/O LATE MANGAL MANDAL,
            VILL.- 2 NO. DUAMAKHA, P.S.- TAMULPUR, DIST.- BAKSA, ASSAM.
            VERSUS
            THE STATE OF ASSAM AND ANR.
            REP. BY P.P., ASSAM.
            2:ASHMITA BISHWAS
             D/O RANJIT BISHWAS
            VILL.- 2 NO. DONGARGAON
             P.S.- TAMULPUR
             DIST.- BAKSA
            ASSAM
             PIN- 781368

Advocate for the Petitioner   : MR S C DAS

Advocate for the Respondent : PP, ASSAM

                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                  HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                          ORDER

06.10.2023 (M. Zothankhuma, J)

Heard Mr. S.C. Das, learned counsel for the appellant and Ms. S. Jahan, learned Additional Public Prosecutor for the State.

As LCR has arrived, Registry to prepare the Paper Book.

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One of the grounds taken in this appeal is that the victim girl was 18 years and above at the time of the incident without giving any reasons for the same. On the other hand, the learned Trial Court has stated in the impugned judgment that no suggestion was given to any of the prosecution witnesses, denying the fact that the age of the victim was 17 years at the time of occurrence of the incident. Even during arguments, the learned Legal Aid Counsel did not challenge the evidence pertaining to the age of the victim. Accordingly, the learned Trial Court held that the age of the victim girl was established as 17 years, on the basis of evidence recorded by the prosecution witnesses.

One of the questions that has to be decided is whether the appellant can take the plea that the victim girl was 18 years at the time of the incident, without giving any proper reason for the same.

Ms. S. Jahan, learned Addl. PP submits that the O.C of the concerned Police Station has sent a report, with regard to the information being given to the victim/guardian regarding the pendency of this appeal. She accordingly prays for time to obtain the necessary report.

List the matter on 09.10.2023.

                       JUDGE                        JUDGE




Comparing Assistant