Vill.- Daulatpur vs The State Of Assam And Anr
2024 Latest Caselaw 5907 Gua

Gauhati High Court

Vill.- Daulatpur vs The State Of Assam And Anr on 14 August, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                           Page No.# 1/3

GAHC010159202024




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


                             Crl.A./249/2024

         MD. ARIFUL HOQUE CHOUDHURY
         S/O MD. ABDUL KALAM

         VILL.- DAULATPUR
         P.S.- BIHUPURIA
         DIST.- NORTH LAKHIMPUR
         ASSAM
         PIN- 784161.


          VERSUS

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

         2:KULSUMA BEGUM
         W/O GULJAR ALI

         VILL.- DAULATPUR
         P.S.- BIHUPURIA
         DIST.- NORTH LAKHIMPUR
         ASSAM
         PIN- 784161.
         ------------
         Advocate for : MR J MOLLAH
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
                                                                                  Page No.# 2/3

                                   BEFORE
                  HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                   HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                          ORDER

14.08.2024 [Manish Choudhury, J.]

Heard Mr. J. Das, learned counsel for the appellant and Mr. K.K. Das, learned Additional Public Prosecutor for the respondent no. 1 State.

2. The instant criminal appeal under Section 415[2] of the Bharatiya Nagarik Suraksha Sanhita, 2023 is directed against a Judgment and Order dated 11.07.2024 passed by the Court of learned Special Judge [POCSO], Lakhimpur, North Lakhimpur in Special [POCSO] Case no. 17/2016 which arose out of Bihpuria Police Station Case no. 424/2016. By the said Judgment and Order dated 11.07.2024, the accused-appellant has been convicted for the offence under Section 4 of POCSO Act and he has been sentenced to undergo rigorous imprisonment for 20 [twenty] years and to pay a fine of Rs. 40,000/-, in default of payment of fine, to undergo simple imprisonment for another 7 [seven] years.

3. We have perused the contents of the memorandum of criminal appeal.

4. The criminal appeal is admitted for hearing.

5. The case records of Special [POCSO] Case no. 17/2016 be called for.

6. Issue notice, returnable in 4 [four] weeks.

7. As Mr. K.K. Das, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent no. 1, issuance of formal notice stands dispensed with. Mr. Das, learned counsel for the appellant shall furnish requisite nos. of extra copies of the appeal memo along with annexures to Mr. J. Das within 3 [three] working days from today.

Page No.# 3/3

8. As the offence involved is under Section 4 of the Protection of Children from Sexual Offences [POCSO] Act, 2012, steps for service of notice upon the respondent no. 2/informant/victim/guardian of the victim are required to be taken in terms of the Practice Direction laid down in the Notification no. 17 dated 15.03.2024 and the Order dated 23.06.2023 passed in Crl.A.[J] no. 40/2022 [Dipak Nayak vs. The State of Assam]. It is observed accordingly.

9. The learned counsel for the accused-appellant shall furnish a copy of the notice to the office of the Public Prosecutor for service of upon the respondent no. 2, within 3 [three] working days from today. Mr. Das, learned Additional Public Prosecutor is to obtain a report as regards service of notice upon the respondent no. 2 from the Officer In-Charge, Bihpuria Police Station on or before the returnable date.

10. List the case after 4 [four] weeks.

                                  JUDGE                            JUDGE




Comparing Assistant