Page No.# 1/3 vs The State Of Assam And Anr
2024 Latest Caselaw 5921 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 14 August, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                      Page No.# 1/3

GAHC010157942024




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

                                Case No. : Crl.A./250/2024

           MD. NUR ALI
           VILL.-AMINPARA, P.O. AND P.S.- ROWTA, DIST.- UDALGURI, ASSAM, PIN-
           784508.



           VERSUS

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

           2:UMA KANTA BHADRA
            S/O LATE NISHIKANTA BHADRA

           VILL.- ROWTA BAGAN
           P.O. AND P.S.- ROWTA
           DIST.- UDALGURI
           ASSAM
           PIN- 784508

Advocate for the Petitioner : MR B B NARZARY, V KHAKHALARY,MR N ALAM,MR. P
MAZUMDER,MR. S CHAUHAN

Advocate for the Respondent : PP, ASSAM,
                                                                                          Page No.# 2/3




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

                                               ORDER

Date : 14.08.2024 [M. Choudhury, J]

Heard Mr. B.B. Narzary, learned Senior Counsel assisted by Mr. S. Chauhan, learned counsel for the appellant and Ms. A. Begum, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

The instant criminal appeal under Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is directed against a Judgment dated 05.07.2024 and an Order on sentence dated 08.07.2024 passed by the Court of learned Sessions Judge, Udalguri in Sessions Case No. [II] 59/2018, which arose out of Rowta Police Station Case No. 67/2015. By the said Judgment and Order, the accused-appellant has been convicted for the offence under Section 376[D], IPC and he has been sentenced to undergo rigorous imprisonment for 20 [twenty] years and to pay a fine of Rs. 30,000/-, in default of payment of fine, to undergo simple imprisonment for another 3 [three] months.

We have gone through the contents of the memorandum of appeal.

The criminal appeal is admitted for hearing.

The case records of Sessions Case No. [II] 59/2018 be called for.

Issue notice, returnable in 4 [four] weeks.

As Ms. Begum, learned Additional Public Prosecutor has appeared and accepted notice on behalf of respondent no. 1, State of Assam, issuance of formal notice to the said respondent stands dispensed with. However, an extra copy of the memorandum of appeal along with annexure be furnished to Ms. Begum within 3 [three] weeks from today.

The accused-appellant shall take steps for service of notice upon the respondent no. 2 by Page No.# 3/3

registered post with A/D as well as by usual process within 3 [three] working days from today.

JUDGE

Comparing Assistant