Subal Chandra Das vs The State Of Assam
2024 Latest Caselaw 451 Gua

Gauhati High Court

Subal Chandra Das vs The State Of Assam on 29 January, 2024

Author: K.R. Surana

Bench: Kalyan Rai Surana

                                                                       Page No.# 1/2

GAHC010274922023




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

                                   Case No. : CRL.A(J)/141/2023

            SUBAL CHANDRA DAS
            S/O LT. SASHADHAR CH. DAS, VILL-KUKURMARA DASPARA, P.S.-
            MANKACHAR, DIST-SOUTH SALMARA MANKACHAR



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM



Advocate for the Petitioner   :X

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                  HONOURABLE MR. JUSTICE KALYAN RAI SURANA
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                             ORDER

Date : 29.01.2024 (K.R. Surana, J)

Ms. S.H. Bora, learned APP is present.

2. This is an appeal preferred by the appellant from jail under Section 383 Cr.P.C read with Section 374 Cr.P.C. against the judgment and order dated Page No.# 2/2

09.05.2023 passed by the learned Special Judge, South Salmara, Mankachar in Special (P) Case No. 19/2022, under Section 6(1) of the POCSO (Amendment) Act, 2019 and alternately under Section 376(3) IPC.

3. The appeal is admitted for hearing.

4. Call for the records.

5. Issue notice to the informant returnable on 15.03.2024.

2. Registry shall prepare the notice and hand it over to the learned APP for service on the respondent no.2 through the jurisdictional police station. In the notice, it shall be indicated that in the event the respondent no.2 is unable to engage a learned counsel, he/she may apply for being provided with a legal aid counsel. The Court also reserves right to appoint an Amicus Curiae on behalf of the respondent no.2, if so warranted.

6. We are inclined to appoint Mr. Mehbubul Hassan Laskar as amicus curiae in the matter to represent the appellant. In the meanwhile, the AO(J), Criminal Appeal Section shall inform the learned amicus curiae about his appointment in the matter.

7. List on 15.03.2024, awaiting receipt of LCR as well as service of notice.

                        JUDGE                                  JUDGE




Comparing Assistant