Ismail Ali @ Md. Ismail vs The State Of Assam And Anr
2024 Latest Caselaw 5712 Gua

Gauhati High Court

Ismail Ali @ Md. Ismail vs The State Of Assam And Anr on 9 August, 2024

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GAHC010143232024




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

                                  Case No. : Crl.A./241/2024

            ISMAIL ALI @ MD. ISMAIL
            S/O MD. MOKZAL HUSSAIN,
            VILL.- AMINPARA, P.O.- AMINPARA, P.S.- ROWTA, DIST.- UDALGURI, BTR,
            ASSAM.



            VERSUS

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

            2:GULESA BEGUM
            W/O MD. ABDUL AZIZ

            VILL.- AMINPARA
            P.O.- AMINPARA
            P.S.- ROWTA
            DIST.- UDALGURI
            BTR
            ASSAM
            PIN

Advocate for the Petitioner   : MR. M A I HUSSAIN, N ISLAM,MR. A AHMED

Advocate for the Respondent : PP, ASSAM,
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                                     BEFORE

               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

09.08.2024

1. Heard Mr. M.A.I. Hussain, learned counsel for the appellant.

2. This application under Section 415(2) of BNSS, 2023 has been filed by the appellant, impugning the judgment and order dated 21.05.2024, passed by the Court of learned Special Judge, Udalguri, in Special (POCSO) Case No. 04/2021, whereby, the appellant was convicted under Section 376 of the Indian Penal Code, along with Section 4 of the POCSO Act, 2012 and was sentenced to undergo rigorous imprisonment for 10(ten) years and to pay a fine of Rs. 10,000/- and in default of payment of fine to undergo simple imprisonment for 2 months.

3. This appeal is admitted.

4. Let the case record of the Trial Court be requisitioned by the Registry.

5. Let the notices be issued to the respondents.

6. As the learned Additional Public Prosecutor has already appeared for respondent No. 1, no formal notice need to be issued to the respondent No. 1. However, as regards respondent No. 2 is concerned, the appellant shall take steps for issuance of notice on the respondent No. 2, by registered post with A/D as well as by usual mode within 3(three) days from the date of this order,

returnable on 25th September,2024.

7. List accordingly.

JUDGE

Comparing Assistant