Dipankar Kumar Sinha vs The State Of Assam And Anr
2024 Latest Caselaw 5016 Gua

Gauhati High Court

Dipankar Kumar Sinha vs The State Of Assam And Anr on 22 July, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                      Page No.# 1/3

GAHC010126942024




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

                                  Case No. : Crl.A./218/2024



            DIPANKAR KUMAR SINHA
            S/O LATE SURENDRA KUMAR SINHA,
            R/O HOUSE NO. 40, INDIRA NAGAR, BAISTHA, GUWAHATI, P.S.- BASISTHA,
            DIST.- KAMRUP (M), PIN- 781029.



            VERSUS



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

            2:SONU SWARGIARY
             D/O RAM CHARAN SWARGIARY

            PERMANENT ADDRESS- VILL.- PHAHURABARI
            P.S.- TAMULPUR
            DIST.- BAKSA
            PIN- 781367.
            PRESENT ADDRESS- DIPIKA GIRLS HOSTEL
            RAJGARH
            GUWAHATI
            P.S.- CHANDMARI
            DIST.- KAMRUP (M)
            PIN- 781003

Advocate for the Petitioner   : MR. R P SARMAH

Advocate for the Respondent : PP, ASSAM
                                                                       Page No.# 2/3


                              BEFORE
                 HONOURABLE MRS. JUSTICE MALASRI NANDI

                                    ORDER

Date : 22.07.2024

Heard Mr. R.P. Sarmah, learned Senior counsel assisted by Ms. A. Deka, learned counsel for the appellant. Also Mr. B. Sarma, learned Additional Public Prosecutor for the State/respondent No.1.

This is an appeal under sub-section (2) of Section 374 Cr.P.C. against the judgment and order dated 10.05.2024 passed in connection with Sessions Case No. 75/2016 by the learned Additional Sessions Judge-4, (FTC), Kamrup(M), wherein the appellant was convicted and sentenced to undergo rigorous imprisonment for 7(seven) years for the offence under Section 376 IPC and to pay a fine of Rs. 10,000/-, in default to undergo simple imprisonment for another 6(six) months.

The appeal is admitted.

Issue notice.

The learned counsel for the appellant is directed to take step for service of notice upon the respondent No. 2 by way of registered post with AD as well as other usual process returnable within four weeks. The steps be taken within 7(seven) days.

No formal notice required to be served upon the respondent No.1 as because Mr. Sarma, Addl.P.P. has entered appearance.

Extra copy of the petition shall be provided to Mr. Sarma. Call for the trial court record pertaining to Sessions Case No. 75/2016, from the court of learned Additional Sessions Judge-4, Page No.# 3/3

Kamrup(M). The Registry is directed to procure the same.

List the matter after four weeks.

JUDGE

Comparing Assistant