Suraj Chetry @ Mailu vs The State Of Assam And Anr
2024 Latest Caselaw 5202 Gua

Gauhati High Court

Suraj Chetry @ Mailu vs The State Of Assam And Anr on 26 July, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                       Page No.# 1/3

GAHC010137142024




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

                                 Case No. : Crl.A./225/2024

            SURAJ CHETRY @ MAILU
            S/O LATE RAMBAHADUR CHETRY HAREN PUMA,
            R/O GOPAL KRISHNA TEA ESTATE, JAGIROAD, P.S.- JAGIROAD, DIST.-
            MORIGAON, ASSAM, PIN-

            VERSUS

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

            2:AJAY TANTI
             S/O LATE URSA TANTI

            R/O GOPAL KRISHNA TEA ESTATE
            JAGIROAD
            P.S.- JAGIROAD
            DIST.- MORIGAON
            ASSAM
            PIN




Advocate for the Petitioner   : MR D K BHATTACHARYYA

Advocate for the Respondent : PP, ASSAM
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                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                     HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                                ORDER

Date : 26.07.2024 [Manish Choudhury, J]

Heard Mr. A. Goutam, learned counsel for the accused-appellant and Ms. A. Begum, learned Additional Public Prosecutor for the respondent no.1, State of Assam.

2. This criminal appeal under Section 374[2], Code of Criminal Procedure, 1973 is directed against a Judgment and Order dated 07.05.2024 passed by the Court of learned Additional Sessions Judge- cum-Special Judge [POCSO], Moriogaon ['the Special Court', for short] in POCSO Case no. 17/2018, arising out of Jagiroad Police Station Case no. 100/2018. By the Judgment and Order dated 07.05.2024, the learned Special Court has convicted the accused-appellant for the offence under Section 6, Protection of Children from Sexual Offences [POCSO] Act, 2012 and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/-, in default of payment of fine, to undergo further rigorous imprisonment for 3 [three] months.

3. The criminal appeal is admitted for hearing.

4. The case records of POCSO Case no. 17/2018 be called for.

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

6. As Ms. Begum, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent no. 1, State of Assam, issuance of formal notice to the said respondent stands dispensed with. However, a extra copy of the memo of appeal along with annexures, is to be furnished to Ms. Bhuyan within 3 [three] working days from today.

7. As the offence involved is Section 6 of the Protection of Children from Sexual Offences [POCSO] Act, 2012, steps for service of notice upon the respondent no. 2/informant/victim/guardian of the victim are required to be taken in terms of the Practice Direction 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 observed accordingly.

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8. The learned counsel for the accused-appellant shall furnish a copy of the memo to the office of the Public Prosecutor, GHC within 3 [three] working days from today for effecting service of notice upon the respondent no. 2/ informant through the Officer In-Charge, Jagiroad Police Station. The learned Additional Public Prosecutor is to obtain a report of service of notice upon the respondent no. 2 from the Officer In-Charge, Jagiroad Police Station on or before the returnable date.

9. List the appeal after 4 [four] weeks.

                                                                  JUDGE                          JUDGE


Comparing Assistant