Gaji Rahman @ Gaji vs The State Of Assam And Anr
2024 Latest Caselaw 4126 Gua

Gauhati High Court

Gaji Rahman @ Gaji vs The State Of Assam And Anr on 10 June, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                        Page No.# 1/2

GAHC010217662023




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

                                  Case No. : CRL.A(J)/116/2023

             GAJI RAHMAN @ GAJI
             S/O-MD. RAMJAN ALI, R/O-JAMUNATARI UNDER GOSSAIGAON POLICE
             STATION, DIST.-KOKRAJHAR, ASSAM

             VERSUS

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

             2:MD. SAHAR ALI
              S/O-LATE EKAB ALI
              R/O-JAMUNATARY
              UNDER GOSSAIGAON POLICE STATION
              DIST.-KOKRAJHAR
             ASSA

Advocate for the Petitioner    : MR. U CHOUDHURY

Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                              ORDER

Date : 10.06.2024 [Manish Choudhury, J.]

Heard Mr. U. Choudhury, learned Legal Aid Counsel for the accused-appellant; and Ms. A. Begum, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

Page No.# 2/2

2. This criminal appeal from jail is directed against a Judgment and Order dated 31.03.2023 passed by the Court of Special Judge [POCSO], Kokrajhar in Special Case no. 03/2021. By the Judgment and Order dated 31.03.2023, the accused-appellant is found guilty for the offences under Sections 342/376[E] of the Indian Penal Code [IPC] read with Section 6 of the Protection of Children from Sexual Offences [POCSO] Act, 2012. In view of Section 42, POCSO Act, 2012, the accused-appellant has been convicted for the offence under Section 6, POCSO Act, 2012 and he has been sentenced to undergo rigorous imprisonment for 25 [twenty five] years and to pay a fine of Rs. 20,000/-, in default of payment of fine, to undergo another rigorous imprisonment for 2 [two] years. He has also been sentenced under Section 342, IPC with lesser sentence.

3. The appeal is admitted for hearing.

4. The case records of Special Case no. 03/2021 be called for.

5. As steps for service of notice upon the respondent no. 2 have already been directed by the Order dated 13.10.2023, Ms. Begum, learned Additional Public Prosecutor has prayed for 4 [four] weeks' time to obtain a report as regards service of notice upon the respondent no. 2 from the Officer In- Charge, Gossaigaon Police Station.

6. List the appeal accordingly after 4 [four] week.

                                                                      JUDGE                   JUDGE

Comparing Assistant