P.S.- Bilasipara vs The State Of Assam And Anr
2023 Latest Caselaw 4291 Gua

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GAHC010232532023




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

                            Case No. : Crl.A./382/2023

         RAJIUL HOQUE @ RAJIUL KARIM
         S/O SAMUD DOHA

         VILL.- BAR GIRAIRPAR

         P.S.- BILASIPARA
          DIST.- DHUBRI
         ASSAM
          PIN- 783348.


          VERSUS

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

         2:ABDUL HAI
         S/O KHOYBAR ALI

         VILL.- BOROGIRAIPAR

         P.S.- BILASIPARA
          DIST.- DHUBRI
         ASSAM
          PIN- 783348.
          ------------
         Advocate for : MS. T SOM
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                          BEFORE
                     HON'BLE MR. JUSTICE ROBIN PHUKAN
                                  ORDER

13.10.2023 Heard Mr R P Sarmah, learned Senior Counsel, assisted by Ms T Som, learned counsel for the appellant. Also heard Mr K K Parashar, learned Additional Public Prosecutor for the State of Assam.

This appeal is directed against the Judgment and Order dated 21.09.2023 passed by the learned Special Judge, Bilasipara, Dhubri, in Special (POCSO) Case No. 28 of 2021, whereby the learned Special Judge, Bilasipara, Dhubri, convicted the appellant, Rajiul Hoque @ Rajiul Karim, and sentenced him to RI for a period of 5 years and also to pay fine of Rs. 10,000/- with default stipulation under Section 354(B) IPC and also sentenced him to RI for a period of 4 years and also to pay fine of Rs. 5,000/- with default stipulation under Section 8 of the POCSO Act.

Admit.

Let a notice be issued to the respondent No. 2, returnable within 4 (four) weeks.

Steps upon respondent No. 2, be taken by registered post with A/D and also by usual process, within a week from today.

No formal notice is required to be issued to the respondent No. 1, since Mr K K Parashar, learned Additional Public Prosecutor, appears and accepts notice on behalf of respondent No. 1, However, requisite extra-copy of the petition along with relevant annexures appended thereto be furnished to him during the course of the day.

It appears that the appellant has wrongly quoted the sections in the cause title of the petition.

The learned counsel for the appellant shall take necessary steps for correction of the Cause Title in the appeal petition.

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List the matter after 4 (four) weeks.

In the meantime, the Registry shall call for the records from the learned Court below.

JUDGE

Comparing Assistant