Page No.# 1/2 vs The State Of Assam And Anr
2023 Latest Caselaw 4020 Gua

                                                               Page No.# 1/2

GAHC010196442023




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

                                  Case No. : Crl.A./329/2023

            RATUL BHARALI AND ANR.
            S/O RAMLAL BHARALI,
            R/O JORBIL GAON,
            P.S.- GARMUR, DIST.- MAJULI, ASSAM.

            2: MANASH BHARALI @ KON BHARALI
             S/O KANBAP BHARALI
            R/O JORBIL GAON
            P.S.- GARMUR
             DIST.- MAJULI
            ASSAM

            VERSUS

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

            2:BITUL BANIA
             S/O KUKHESWAR BANIA
            VILL.- SONAPUR CHAPORI
             JORBEEL
             P.S.- GARMUR
             DIST.- MAJULI
            ASSAM


Advocate for the Petitioner   : MS. T SOM


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

                                         ORDER

Date : 27-09-2023 (M. Zothankhuma, J)

Heard Ms. T Som, learned counsel for the appellants, who submits that the judgment dated 28.07.2023, passed by the court of the learned Special Judge, Majuli in Special Case No. 47/2023, by which the appellants have been convicted under Section 6 of the POCSO Act should be set aside.

Admit the appeal. Call for the LCR.

Ms. S Jahan, learned Additional Public Prosecutor accepts notice on behalf of the State.

The appellants shall take steps for service of notice upon respondent No. 2 by submitting a hard copy as well as a soft copy of the appeal petition to the Registry of this Court. The Registry shall thereafter furnish the same to the learned Additional Public Prosecutor, who shall further submit it to the Investigating Officer/Officer-In- Charge of the concerned Police Station, who shall serve the same to the victim/guardian of the victim. A report thereafter be made by the Investigating Officer/Officer-In-Charge of the concerned Police Station with regard to the service of the notice.

List the matter after 4 (four) weeks.

                                            JUDGE                 JUDGE



Comparing Assistant