Akash Saha vs The State Of Assam
2023 Latest Caselaw 4007 Gua

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GAHC010216722023




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

                   Case No. : I.A.(Crl.)/921/2023 in Crl.Rev.P./425/2023


          AKASH SAHA
          S/O SHRI NEPAL CHNADRA SAHA
          VILL.- HOJAI TOWN
          P.S.- HOJAI, DIST.- NAGAON
          ASSAM, PIN- 782435.

             VERSUS

          THE STATE OF ASSAM
          REP. BY PUBLIC PROSECUTOR.

          2:PRAFULA BANIK
          S/O SUBAL BANIK
          R/O RAJAPATHAR
           P.S.- HOWRAHGHAT
           DIST.- KARBI ANGLONG
          ASSAM.
           ------------
          Advocate for : MR. R P SARMAH
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM


                                   BEFORE
                      HON'BLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

27.09.2023

Heard Mr. R.P. Sarmah, learned Senior counsel assisted by Ms. A. Deka, learned Page No.# 2/2

counsel for the applicant and also heard Mr. P. Borthakur, learned Additional Public

Prosecutor, Assam, appearing for the State respondent No.1.

This interlocutory application is filed by the applicant, namely, Akash Saha, who

stood convicted vide judgment and order dated 24.08.2023 passed by the learned

Assistant Sessions Judge, Karbi Anglong, Diphu, in Sessions Case No.19/2009, wherein

the learned Court below has convicted the applicant under Section 376 IPC and sentenced

him to suffer rigorous imprisonment for 7 years and also to pay a fine of ` 5,000/- with

default stipulation.

Let notice be issued, returnable in 4(four) weeks.

Steps be taken upon the respondent No.2 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 respondent No.1 since Mr. P. Borthakur,

learned Additional P.P. has entered appearance and received notice. However, extra

requisite copy of the application be furnished to Mr. Borthakur during the course of the

day.

Let notice also be issued to the respondent No.2 through the Officer-in-Charge of

the jurisdictional P.S.

List the matter after 4(four) weeks.

Sd/- Robin Phukan JUDGE

Comparing Assistant