Rahul Ali vs The State Of Assam And Anr
2024 Latest Caselaw 3865 Gua

Gauhati High Court

Rahul Ali vs The State Of Assam And Anr on 3 June, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010080212024




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

                                  Case No. : Crl.A./166/2024

            RAHUL ALI
            S/O -SAFAR ALI,
            VILL- HELA PAKHRI, P.S.- MORNOI, DIST- GOALPARA,ASSAM.PIN- 783101.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY PP, ASSAM.

            2:ALI HUSSEN
             S/O- LATE ETIM ALI

            VILL-DOSTI NAGAR
            WARD NO. 13
            P.S.- GOALPARA
            DIST-GOALPARA
            ASSAM
            PIN- 783101

Advocate for the Petitioner   : MR. A ROSHID

Advocate for the Respondent : PP, ASSAM
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                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                     HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                             ORDER

Date : 03.06.2024 [Manish Choudhury, J.]

Heard Mr. A. Roshid, learned counsel for the accused-appellant and Ms. B. Bhuyan, learned Senior Counsel and Additional Public Prosecutor, Assam for the respondent no. 1.

2. This criminal appeal under Section 374 [2] is preferred against the Judgment dated 22.01.2024 and an Order of sentence dated 25.01.2024 passed by the learned Special Judge, Goalpara in Special [P] Case no. 17/ 2017. By the Judgment and Order, the accused-appellant has been convicted for the offence under Section 4 of the Protection of Children from Sexual Offences [POCSO] Act, 2012 and he has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 25,000/-, in default of payment of fine, to undergo simple imprisonment for another 6 months.

3. The appeal is admitted for hearing.

4. Let the case records of Special [P] Case no. 17/2017 be called for

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

6. As Ms. Bhuyan, learned Additional Public Prosecutor, Assam has appeared and accepted notice on behalf of the respondent no. 1, issuance of formal notice to the respondent no. 1 is dispensed with. The learned counsel for the accused-appellant shall furnish an extra copy of the memo of appeal along with annexures, to Ms. Bhuyan within 3 [three] working days from today.

7. As the Judgment and Order of conviction and sentence is under Section 4 of the POCSO Act, 2012, the accused-appellant is required to take steps for service of notice upon the respondent no. 2 in terms of the Practice Directions 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 ordered accordingly. Such steps on behalf of the accused-appellant are to be completed with one week from today.

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8. The learned Additional Public Prosecutor is to obtain a report as regards service of notice upon the respondent no. 2 from the Officer In-Charge, Goalpara Police Station on or before the returnable date.

                                                               JUDGE                  JUDGE




Comparing Assistant