Jahabaj Chowdhury vs The State Of Assam
2024 Latest Caselaw 5753 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. : Crl.A./243/2024

            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 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 appellant.

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 Page No.# 2/2

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. 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.

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

7. Let this case be listed again after receipt of the Trial Court by the Registry.

JUDGE

Comparing Assistant