Sujit Nayak vs The State Of Assam And Anr
2024 Latest Caselaw 5436 Gua

Gauhati High Court

Sujit Nayak vs The State Of Assam And Anr on 1 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

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GAHC010145892024




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

                              Case No. : Crl.A./234/2024

          SUJIT NAYAK
          S/O LATE PARASURAM NAYAK,
          R/O RAILWAY COLONY, NEW FIELD, P.S.- DIPHU, DIST.- DIPHU, KARBI
          ANGLONG, PIN- 782460.

          VERSUS

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

          2:NARAYAN DEBNATH
           S/O LATE HARICHANRAN DEBNATH

          R/O RAILWAY COLONY
          P.S.- DIPHU
          DIST.- KARBI ANGLONG
          ASSA

Advocate for the Petitioner : MR N J DAS, MR. A DAS,MR M HASSAN
Advocate for the Respondent : PP, ASSAM,


                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

01.08.2024

Heard Mr. N. J. Das, learned counsel for the appellant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor.

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This is an application under Section 423 read with Section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, against the judgment and order dated 07.06.2024 passed by learned Special Judge (POCSO), Karbi Anglong, Diphu in POCSO Case No. 45/2019 whereby the accused was convicted under Section 354C of IPC and sentenced to undergo RI for 3 years and to pay fine of Rs.30,000/- in default stipulation.

The appeal is admitted.

As Mr. B. Sarma, learned Additional Public Prosecutor has entered appearance on behalf of the State respondent No.1, no formal notice need to be issued. However, a copy of the petition along with the documents annexed thereto be furnished to him.

Issue notice to the respondent No.2 by registered A/D post and usual process, returnable within 4(four) weeks. Steps be taken within seven days.

Call for the trial court record

List the matter accordingly after 4(four) weeks.

JUDGE

Comparing Assistant