Asuruddin vs The State Of Assam
2024 Latest Caselaw 4897 Gua

Gauhati High Court

Asuruddin vs The State Of Assam on 17 July, 2024

                                                                                Page No.# 1/2

GAHC010077582020




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

                                  Case No. : CRL.A(J)/17/2020

            ASURUDDIN
            BONGAIGAON, ASSAM.



            VERSUS

            THE STATE OF ASSAM
            REP. BY PP, ASSAM.



Advocate for the Petitioner   : MR. P N GOSWAMI(AMICUS CURIAE)

Advocate for the Respondent : PP, ASSAM

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 17/07/2024

Earlier Mr. P N Goswami was appointed as Amicus Curiae representing the convicted appellant. However, Mr. P N Goswami is presently the Additional Advocate General of the State and as such, he cannot appear in this matter.

In view of the above, Sri Arunav Phukan, empanel Amicus Curiae, notified vide Notification No. 23 dated 18.04.2024 of this High Court be appointed as Amicus Curiae for the convicted appellant, Asuruddin.

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The learned Special Judge (POCSO), Bongaigaon by the judgment and order dated 23.07.2019 passed in Special (P) Case No. 6(M)/2015 arising out of Manikpur (District- Bongaigaon) P.S. Case No. 201/2014 convicted the appellant under Section 4 of the POCSO Act and sentenced him to undergo Rigorous Imprisonment for 7 (seven) years with fine of Rs.20,000/-, in default further Imprisonment for 1 (one) year.

From the records of the case and the FIR lodged on 06.11.2014, it is seen that the informant, namely, Md. Abdul Khaleque, son of Late Sumar Ali, resident of Village-Kismat Dwarka, P.O. Bhulukadoba, P.S. Sorbhog, District-Barpeta is the father of the victim.

Registry through the Officer-in-Charge of Sorbhog Police Station shall inform the informant/complainant of this case respondent No. 2, Md. Abdul Khaleque relating to the appeal preferred by the convicted appellant along with a copy of the communication dated 04.08.2019 of the Assistant Jailor, District Jail, Abhayapuri written to the Assistant Registrar (Judicial) of this High Court through the Superintendent of District Jail, Abhayapuri. The Officer-in-Charge of Sorbhog Police Station after serving the notice to the informant shall submit the report before the Registrar (Judicial).

List this matter after 6 (six) weeks, on a date to be fixed by the Registry.

The Registrar (Judicial) shall bring this order to the notice of the Officer-in-Charge of Sorbhog Police Station forthwith by furnishing a copy of this order to the said authority.

JUDGE

Comparing Assistant