Bikash Phukan vs The State Of Assam And Anr
2024 Latest Caselaw 43 Gua

Gauhati High Court

Bikash Phukan vs The State Of Assam And Anr on 4 January, 2024

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GAHC010289272023




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

                                 Case No. : Crl.A./482/2023

            BIKASH PHUKAN
            S/O SRI AJIT PHUKAN, R/O BOROHA, P.S.- SAPEKHATI, DIST.- CHARAIDEO,
            ASSAM.



            VERSUS

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

            2:KANAKLATA BURAGOHAIN
            W/O SRI PRODIP BURAGOHAIN

            VILL.- BALIKHETIA GAON
            P.S.- SEPEKHATI
            DIST.- CHARAIDEO
            ASSAM
            PIN- 785692

Advocate for the Petitioner   : MR. B BARUAH

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

04.01.2024 Heard Mr. B. Baruah, learned counsel for the appellant.

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This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been preferred by the appellant, namely, Sri Bikash Phukan impugning the Judgment and Order dated 23.11.2023 passed by the learned Special Judge, Charaideo in Special (P) Case No. 58/2016 whereby, the present appellant has been convicted under Section 4 of the POCSO, Act 2012 and has been sentenced to undergo rigorous imprisonment for 7(seven) and to pay a fine of Rs. 50,000 and in default to undergo further simple imprisonment for 1(one) month.

The appeal is admitted for hearing.

Issue notice to the respondents.

As learned Additional Public Prosecutor appears for the respondent No. 1, no formal notices need to be issued to the respondent No. 1. However, as regards the respondent No. 2 is concerned, the petitioner shall take steps for issuance of notice on the respondent No. 2 as per the mode prescribed by a Division Bench of this Court in the case of " Deepak Nayak Vs. State of Assam".

The petitioner shall take steps within 3(three) days from the date of this order.

Let the case record of Special (P) Case No. 58/2016 be called for from the Trial Court.

Let this case be listed again after 4(four) weeks.

JUDGE

Comparing Assistant