Rajen Khudal @ Sarubhai vs The State Of Assam And Anr
2023 Latest Caselaw 4314 Gua

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GAHC010235152023




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

                                 Case No. : Crl.A./381/2023

            RAJEN KHUDAL @ SARUBHAI
            S/O LATE LUTHURA KHUDAL,
            R/O CHENIJAN, OWGURI UNDER TEOK POLICE STATION IN THE DISTRICT
            OF JORHAT, ASSAM.



            VERSUS

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

            2:MAMU KALITA
             S/O SRI RUBUL KALITA

            R/O CHENIJAN
             BHAKAT CHUK UNDER TEOK POLICE STATION IN THE DISTRICT OF
            JORHAT
             ASSAM

Advocate for the Petitioner   : MR. B M CHOUDHURY

Advocate for the Respondent : PP, ASSAM
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                                BEFORE
              HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                    ORDER

13.10.2023 (M. Zothankhuma, J)

Mr. U. Choudhury, learned counsel appears for the appellant.

This appeal has been filed against the Judgment & Order dated 11.08.2023, passed by the learned Special Judge, Jorhat in Special Case No. 10/2019, by which the appellant has been convicted under Section 376(3) IPC read with Section 4 of the POCSO Act. However, the appellant has been sentenced under Section 4(2) of the POCSO Act.

Admit the appeal.

Call for the LCR.

Ms. S. Jahan, learned Addl. PP appears for the State.

The appellant shall serve a scanned copy of the appeal to the Registry of this Court, who shall furnish the same to the learned Addl. PP. The learned Addl. PP shall forward the same to the OC of the Teok Police Station, as the case pertains to Teok Police Station Case No. 108/2019, who shall serve the same to the respondent No. 2. A report should thereafter be made with regard to the service by the OC concerned.

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List the matter after 4 (four) weeks.

[                                      JUDGE   JUDGE

Comparing Assistant