Fakrul Islam vs The State Of Assam And Anr
2024 Latest Caselaw 4976 Gua

Gauhati High Court

Fakrul Islam vs The State Of Assam And Anr on 19 July, 2024

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GAHC010063062023




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

                                  Case No. : Crl.A./110/2023

            FAKRUL ISLAM
            S/O LATE SIDDEQUE ALI,
            VILL.- KALKALIBASTI,
            P.S.- PATHERKANDI,
            DIST.- KARIMGANJ, ASSAM.



            VERSUS

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

            2:NESARUN KHATUN
            W/O MAHABBAT ALI

            VILL.- KALKALIBASTI

            P.S.- PATHERKANDI

            P.O.- CHANDKHIRA

            DIST.- KARIMGANJ
            ASSAM
            PIN- 788725

Advocate for the Petitioner   : DR. B AHMED

Advocate for the Respondent : PP, ASSAM

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BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 19/07/2024

The appellant herein is a convicted accused under Section 6 of the POCSO Act, 2012 and presently serving the sentence in terms of the impugned judgment dated 08.02.2023 passed by the learned Sessions Judge, Karimgnaj in Special (POCSO) Case No. 05/2020 in which he has been sentenced to suffer Rigorous Imprisonment for 10 (ten) years with fine of Rs.20,000/-, in default further Simple Imprisonment for 6 (six) months.

Pursuant to the Notification No. 17 dated 15.03.2024 of this High Court, the convicted appellant is allowed to take steps for service of notice on the respondent No. 2 by serving copy of this memo of appeal through the office of the Public Prosecutor, Gauhati High Court, Guwahati on or before 23.07.2024, obtaining necessary acknowledgment from the said office with date, seal and number.

Thereafter, the office of the Public Prosecutor, Gauhati High Court, Guwahati through the Officer-in-Charge of Patharkandi Police Station, District-Karimganj shall serve notice on the respondent No. 2/informant of the concerned Patharkandi P.S. Case No. 81/18 (G.R. No. 523/2018) (PRC No. 1398/2019), namely, Nesarun Khatun, wife of Mahabbat Ali, resident of Kalkalibasti, P.O. Chankhira, P.S. Patharkandi, District-Karimganj (Mobile No. 6900598668), obtaining necessary acknowledgment from her in that regard.

The Officer-in-Charge of Patharkandi Police Station forthwith shall submit its report regarding the service of notice on the respondent No. 2 before the Registrar (Judicial), Gauhati High Court, Guwahati.

List this matter on 28.08.2024.

JUDGE

Comparing Assistant