Darsing Rongpi vs The State Of Assam And Anr
2024 Latest Caselaw 5233 Gua

Gauhati High Court

Darsing Rongpi vs The State Of Assam And Anr on 29 July, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

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GAHC010132882024




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

                                  Case No. : Crl.A./226/2024

            DARSING RONGPI
            S/O LATE LONGBI RONGPI,
            VILL.- BAHANI ADARSHA, P.S. AND P.O.- BAKALIA, DIST.- KARBI
            ANGLONG, ASSAM, PIN- 782482.

            VERSUS

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

            2:GOBIN RONGPI
             S/O LATE LANGTUK RONGPI

            VILL.- BAHANI ADARSHA
            P.S. AND P.O.- BAKALIA
            DIST.- KARBI ANGLONG
            ASSAM
            PIN- 782482

Advocate for the Petitioner   : ALHAJJ I UDDIN

Advocate for the Respondent : PP, ASSAM


                                   BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 29.07.2024

Heard Mr. A.I. Uddin, learned counsel for the appellant. Also Mr. R.J. Baruah, learned Additional Public Prosecutor for the Page No.# 2/3

State/respondent No.1.

This is an appeal under Section 374(2) Cr.P.C. against the judgment and order dated 05.06.2024 passed in connection with Special (POCSO) Case No. 10/2020 by the learned Special Judge (POCSO), Karbi Anglong, Diphu, wherein the appellant was convicted under Section 9 of POCSO Act and thereby convicted and sentenced him under Section 10 of the Act and to undergo rigorous imprisonment for a period of five years and also to pay a fine of Rs. 10,000/- and in default of payment of fine, further R/I for two months.

The appeal is admitted.

Issue notice.

The learned counsel for the appellant is directed to take step for service of notice to the respondent No. 2.

The present application is arising out of the POCSO Act, accordingly, in view of the above facts and in terms of the judgment of this Court passed in Dipak Nayak vs. State of Assam [Criminal Appeal(J) 40/2022], notice be issued to the victim/guardian of the victim/informant through the O.C., concerned Police Station.

The appellant shall submit a copy of the petition to the Registry of this Court, who shall furnish the same to the learned Additional Public Prosecutor. The learned Additional Public Prosecutor shall thereafter forward the same to the O.C. concerned P.S., who shall serve the same to the victim/guardian of the victim/informant. The O.C. concerned P.S. shall thereafter give a report of service of the petition/notice to this Court.

Extra copy of the petition shall be provided to Mr. Baruah.

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Call for the trial court record pertaining to Special (POCSO) Case No. 10/2020 from the court of learned Special Judge (POCSO), Karbi Anglong, Diphu. The Registry is directed to procure the same.

List the matter after four weeks.

JUDGE

Comparing Assistant