Rajiul Hoque @ Rajiul Karim vs The State Of Assam And Anr
2023 Latest Caselaw 4309 Gua

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GAHC010232532023




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

                                 Case No. : I.A.(Crl.)/998/2023

             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 the Petitioner   : MS. T SOM

Advocate for the Respondent : PP, ASSAM



                                            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 applicant. Also heard Mr K K Parashar, learned Additional Public Page No.# 2/2

Prosecutor for the State of Assam.

This application under Section 389 CrPC is preferred by the applicant, Rajiul Hoque @ Rajiul Karim, who stood convicted in Special (POCSO) Case No. 28 of 2021, passed by the learned Special Judge, Bilasipara, Dhubri, vide Judgment and Order dated 21.09.2023 and sentenced 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 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.

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.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant