Jahabaj Chowdhury vs The State Of Assam
2024 Latest Caselaw 5743 Gua

Gauhati High Court

Jahabaj Chowdhury vs The State Of Assam on 9 August, 2024

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GAHC010156342024




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

                                     Case No. :



          I.A.(Crl.)/716/2024

         JAHABAJ CHOWDHURY
         S/O LATE RAHUL CHOUDHURY
          R/O WARD NO. 19
          FCI ROAD
          P.S.- HOJAI
          DIST.- HOJAI
          ASSAM.


          VERSUS

         THE STATE OF ASSAM
         TO BE REP. BY THE P.P.
         ASSAM.


         ------------
         Advocate for : MR H R A CHOUDHURY
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM


                                              In

                                        Crl.A./243/2024

                      JAHABAJ CHOWDHURY
                      S/O LATE RAHUL CHOUDHURY,
                      R/O WARD NO. 19, FCI ROAD, P.S.- HOJAI, DIST.- HOJAI,
                      ASSAM.
                                                                        Page No.# 2/3




                     VERSUS

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



          Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U
          CHOWDHURY,MR. A AHMED

          Advocate for the Respondent : PP, ASSAM,




                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                       ORDER

09.08.2024

1. Heard Mr. U.U. Khan, appearing on behalf of Mr. A. Ahmed, learned counsel for the applicant.

2. This application under Section 415(2) of BNSS, 2023 has been filed by the appellant, impugning the judgment and order dated 11.07.2024, passed by the learned Sessions Judge, Kokrajhar, in Sessions Case No. T2/47/2022, whereby, the appellant was convicted under Section 376(1) of the Indian Penal Code, 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 further simple imprisonment for 6 months.

3. This appeal is admitted.

4. Call for the Trial Court record.

5. The Registry shall take steps for requisitioning the Trial Court record.

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6. Mr. B. Sarma, the learned Additional Public Prosecutor has already appeared for the respondent, no formal notice need to be issued to the said respondent.

7. Mr. B. Sarma, the learned Additional Public Prosecutor has prayed for some time for filing a written objection against the prayer made by the applicant.

8. The prayer is allowed.

9. Let this case be listed again after 3(three) weeks.

JUDGE

Comparing Assistant