Prakash Tamang vs The State Of Assam
2024 Latest Caselaw 4829 Gua

Gauhati High Court

Prakash Tamang vs The State Of Assam on 15 July, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010067952024




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

                                   Case No. : CRL.A(J)/27/2024

            PRAKASH TAMANG
            S/O- LATE PHOTE TAMANG, R/O- PARBOTIPUR 10TH MILE, P.S.
            LEKHAPANI, DIST. TINSUKIA, ASSAM



            VERSUS

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



Advocate for the Petitioner   :X

Advocate for the Respondent : PP, ASSAM




                                      BEFORE
                     HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                    HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                            ORDER

Date : 15.07.2024 [M. Choudhury, J]

This criminal appeal from jail under Section 374[2], Code of Criminal Procedure, 1973 is directed against a Judgment and Order dated 30.10.2023 passed by the Court of learned Special Judge [POCSO], Tinsukia in POCSO Case no. 5 of 2022, arising out of Lekhapani Police Station Case no. 159/2018. By the Page No.# 2/3

Judgment and Order dated 30.10.2023, the accused-appellant has been convicted for the offence under Section 6 of the Protection of Children from Sexual Offences [POCSO] Act, 2012 and he has been sentenced to undergo rigorous imprisonment for 20 [twenty] years and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo simple imprisonment for another 3 [three] months.

2. The appeal is admitted for hearing.

3. The case records of POCSO Case no. 5/2022, be called for.

4. Issue notice, returnable in 4 [four] weeks.

5. As Ms. A. Begum, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent no. 1, State of Assam, issuance of formal notice is dispensed with.

6. As the Judgment and Order of conviction and sentence is under Section 6 of the POCSO Act, 2012, the accused-appellant is required to take steps for service of notice upon the respondent no. 2/informant/victim/guardian of the victim in terms of the Practice Directions laid down in the Notification no. 17 dated 15.03.2024 and the Order dated 23.06.2023 passed in Crl.A[J] no. 40/2022 [Dipak Nayak vs. The State of Assam]. It is accordingly ordered. The requisite steps are to be taken by the accused-appellant within a period of 1 [one] week from today.

7. The office to take necessary steps for service of notice upon the respondent no. 2/informant/victim/guardian of the victim through the office of the Public Prosecutor.

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8. The learned Additional Public Prosecutor is to obtain a report as regards service of notice upon the respondent no. 2/informant/victim/guardian of the victim from the Officer In-Charge, Lekhapni Police Station on or before the returnable date.

9. Ms. Rita Das Mozumdar, learned counsel from the panel of Amicus Curiae is appointed to represent the accused-appellant in this appeal.

10. The office to furnish the necessary case papers to Ms. Rita Das Mozumdar, learned Amicus Curiae, so appointed.

                                   JUDGE               JUDGE




Comparing Assistant