Sahidul Islam vs The State Of Assam And Anr
2024 Latest Caselaw 3984 Gua

Gauhati High Court

Sahidul Islam vs The State Of Assam And Anr on 5 June, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                         Page No.# 1/3

GAHC010220082023




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

                                Case No. : I.A.(Crl.)/973/2023

            SAHIDUL ISLAM,
            S/O JALAL UDDIN,
            VILL.- PANBARI SATRA,
            P.O.- MOIRABARI, P.S.- DHING, DIST.- NAGAON, ASSAM, PIN- 782126.



            VERSUS

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

            2:MUSSTT. SAFIA KHATUN
            W/O AMRAJUL HOQUE

            VILL.- PANBARI SATRA

            P.O.- MOIRABARI
             P.S.- DHING
             DIST.- NAGAON
            ASSAM
             PIN- 782126

Advocate for the Petitioner   : MR. A M AHMED

Advocate for the Respondent : PP, ASSAM
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                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                            ORDER

Date : 05.06.2024 Heard Mr. A.M.Ahmed, learned counsel for the applicant as well as Mr. R.J.Baruah, learned Addl.P.P. for the State opposite party No. 1.

By this interlocutory application under Section 389 of the Cr.P.C , the applicant has prayed for suspension of sentence pending appeal against the judgment and order dated 30.05.2023 passed by the learned Sessions Judge-cum- Special Judge, POCSO, Assam in connection with Special (POCSO) Case No. 50 (N)/2016 ( Dhing PS Case No. 153/2015) under Section 448 of IPC r/w Section 8 of POCSO Act, convicting the applicant and sentenced to undergo rigorous imprisonment for 5 years and also to pay fine of Rs.20,000/-, in default SI for 6 months and further sentenced to pay fine of Rs.500/- i/d SI for 7 days.

The learned counsel for the applicant submits that he would like to take fresh step for service of notice to the opposite party 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., of concerned Police Station. The applicant 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. of concerned P.S., who shall serve the same to the victim/guardian of the victim/informant. The O.C. of concerned P.S. shall thereafter give a report of service of the petition/notice to this Court. List after 03(three) weeks.

JUDGE Page No.# 3/3

Comparing Assistant