Gauhati High Court
Abdul Mazumder vs The State Of Assam And Anr on 12 January, 2024
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GAHC010293562023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./9/2024
ABDUL MAZUMDER
S/O LATE EUSUF ALI,
VILL.- HATKHULA, P.O.- SONAPUR, P.S.- SONAPUR, DIST.- KAMRUP
(METRO), ASSAM, PIN- 782402.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY P.P., ASSAM.
2:KHUDEJA BEGUM
W/O MD. ANOWAR HUSSAIN
VILL.- HATKHULA
P.O.- SONAPUR
P.S.- SONAPUR
DIST.- KAMRUP (METRO)
ASSAM
PIN- 782402
Advocate for the Petitioner : MR. A CHAUDHURY
Advocate for the Respondent : PP, ASSAM
Linked Case : I.A.(Crl.)/42/2024
ABDUL MAZUMDER
S/O LATE EUSUF ALI
VILL.- HATKHULA
P.O.- SONAPUR
P.S.- SONAPUR
DIST.- KAMRUP (METRO)
ASSAM
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PIN- 782402.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY P.P.
ASSAM.
2:KHUDEJA BEGUM
W/O MD. ANOWAR HUSSAIN
VILL.- HATKHULA
P.O.- SONAPUR
P.S.- SONAPUR
DIST.- KAMRUP (METRO)
ASSAM
PIN- 782402.
------------
Advocate for : MR. A CHAUDHURY
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 12.01.2024
Heard Mr. N. Mahajan learned counsel for the appellant and also heard Mr. R. J. Barua
learned Addl. P.P. for the State respondent
This Criminal Appeal, u/s 374(2) Cr.P.C is preferred by the appellant, namely,
Abdul Mazumdar challenging the correctness or otherwise of the judgment and order
dated 29.09.2023, passed by the learned Special Judge, POCSO, Kamrup(M),
Guwahati in Sessions Case No. 203/2020.
It is to be noted herein that vide impugned judgment and order dated 29.09.2023,
the Court below has convicted the appellant u/s 10 of the POCSO Act and sentenced
him to suffer R.I. for five years and also to pay a fine of Rs.10,000/- with default
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stipulation and also sentenced him to suffer rigorous imprisonment for one year with
fine of Rs. 5,000/- with default stipulation, u/s 506 IPC.
Perused the memo of appeal and the grounds mentioned therein
Admit.
Issue notice to the respondents returnable in four weeks.
Mr. N. Mahajan, learned counsel for the appellant submits that in the meantime,
the informant Smti. Khudeja Begum suffered demise, in her place and the father of
the victim girl, namely, Md Anowar Hussain may be impleaded as respondent No.2
and notice may be issued to him. In support to his submission Mr. Mahajan has
referred to the deposition of victim girl available at Page 25, Annexure-C of I.A(Crl.)
No. 42/2024, where the victim girl in her deposition stated that her mother has
expired in the last year.
In view of the submission so advanced by Mr. Mahajan, it is provided that
Registry shall implead Md. Anowar Hussain, father of the victim girl, as respondent
No.2 herein this appeal and therafter, notice be issued to him
Steps be taken upon newly impleaded respondent No.2 by registered post and
also by usual process and also to the Officer-in-Charge, jurisdictional P.S.
Registry to call for the record from the learned Court below.
List the matter after four weeks.
JUDGE
Comparing Assistant
