Sahil Ali vs The State Of Assam And Anr
2024 Latest Caselaw 159 Gua

Gauhati High Court

Sahil Ali vs The State Of Assam And Anr on 10 January, 2024

Author: M. Zothankhuma

Bench: Michael Zothankhuma, Malasri Nandi

                                                                      Page No.# 1/2

GAHC010037152023




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

                                Case No. : I.A.(Crl.)/272/2023

            SAHIL ALI
            S/O MD MUKTAR ALI @ ABUL ALI, VILL.- BETAMAHAL, WARD NO. 4, P.S.-
            BOKAJAN, PIN- 782480, P.O.- BOKAJAN, DIST.- KARBI ANGLONG (ASSAM).

            VERSUS

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

            2:USHA SHAHANI
            W/O RANJIT SHAHANI
             R/O SUKAJAN
             PLYBOARD
            WARD NO. 7
             P.S.- BOKAJAN
             P.O.- BOKAJAN
             PIN- 782480
             DIST.- KARBI ANGLONG (ASSAM)

Advocate for the Petitioner   : MR. M RAHMAN

Advocate for the Respondent : PP, ASSAM

                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

10.01.2024 (M. Zothankhuma, J)

The connected appeal is against the judgment dated 22.12.2022 passed by the Page No.# 2/2

learned Special Judge (POCSO), Karbi Anglong, Diphu, in POCSo Case No.02/2021, by which the applicant/appellant has been convicted and sentenced under Section 6 of the POCSO Act.

Though notice was issued to the respondent no.2, who is the mother of the victim, there is no return of AD card or unserved notice. In that view of the matter, we are of the view that fresh notice would have to be issued to the respondent no.2.

As the case pertains to Bokajan Police Station Case No.15/2021 under Section 6 of the POCSO Act, the applicant/a-appellant shall furnish a copy of the appeal and the application under Section 389 Cr.P.C to the Registry of this Court, who shall subsequently furnish the same to Ms. Ms. S.H. Bora, learned Additional Public Prosecutor. The learned Additional Public Prosecutor shall thereafter forward the same to the O.C, Bokajan Police Station, who shall serve the same to the respondent no.2. The O.C, Bokajan Police Station shall thereafter make a report of the same and submit it to the learned Additional Public Prosecutor, who shall forward it to the Registry.

As LCR has arrived, Registry to prepare the Paper Book.

List the matter after 3 (three) weeks.

                          JUDGE                      JUDGE




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