Priya Kr. Nath vs The State Of Assam And Anr
2023 Latest Caselaw 3946 Gua

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GAHC010213652023




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

                                  Case No. : Crl.A./353/2023

            PRIYA KR. NATH
            S/O LATE BHABANI NATH,
            R/O NARIKALBASTI, BAMUNIMAISUM, P.S.- CHANDMARI, DIST.- KAMRUP
            (M), ASSAM.


            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE PUBLIC POSECUTOR.

            2:HEMANTI DAS
            W/O SRI JOGEN DAS

            VILL.- BAUSIAPARA
            P.S.- BELSOR
            DIST.- NALBARI
            ASSAM
            PIN- 781304

Advocate for the Petitioner   : MR. P J MEDHI

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

Date : 25.09.2023

Heard Mr. B. Sinha, learned counsel for the appellant and also heard Mr. D. Das, learned Addl.

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P.P. for the State respondent No.1 In this Criminal Appeal, u/s 374(2) Cr.P.C, the applicant, namely, Sri Priya Kr. Nath has challenged the judgment and order dated 24.8.2023, passed by the learned Special Judge(POCSO) Nalbari in Special Case No. 14/2022. It is to be noted herein that vide impugned judgment and order dated 24.8.2023, the learned Court below has convicted the appellant u/s 448 IPC read with the Section 8 of the POCSO Act and sentenced him to suffer S.I. for six months u/s 448 IPC and S. I. for four years with fine of Rs.5,000/- with default stipulation, u/s 8 of the POCSO Act.

Perused the petition and documents placed on record. Admit.

Issue notice to the respondent 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 appeal memo be furnished to him during the course of the day. Registry to call for the record from the learned Court below. List the matter after four weeks.

JUDGE

Comparing Assistant