Bulbul Bhumij vs The State Of Assam
2024 Latest Caselaw 4127 Gua

Gauhati High Court

Bulbul Bhumij vs The State Of Assam on 10 June, 2024

                                                                      Page No.# 1/2

GAHC010070252023




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

                                Case No. : CRL.A(J)/49/2023

            BULBUL BHUMIJ
            S/O- LATE MOHON BHUMIJ, VILL.- DEHINGIA GAON, P.S. BORPATHAR,
            DIST. KARBI ANGLONG, ASSAM



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM



Advocate for the Petitioner   : MR. KAUSTUV PRAKASH PATHAK (AMICUS CURIAE)

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

10.06.2024

1. Heard Mr. B. Das, learned counsel appearing on behalf of Mr. K.P. Pathak, learned Amicus Curiae.

2. It appears from record that this case is an appeal against judgment dated 23.02.2023 passed by learned Special Judge, POCSO, Karbi Anglong, Page No.# 2/2

Diphu in POCSO Case No. 04/2020, whereby, the appellant has been convicted under Section 6 of the POCSO Act, 2012 and has been sentenced to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs. 10,000/- and in default of payment of fine to undergo simple imprisonment for 2(two) months.

3. Since this is an appeal against conviction under POCSO Act, the victim has a right to be heard.

4. Hence, the Registry of this court is directed to issue notice to the victim/informant/guardian of the victim/support person through the Officer-In- Charge of jurisdictional police station, i.e. Borpathar police station under Karbi Anglong.

5. The Officer-In-Charge of Borpathar police station under Karbi Anglong shall serve the notice on the victim and shall return back the service report to this court through the Registry of this court.

6. There shall be a stipulation in the notice to be issued to the victim/informant that in the case the victim/informant is unable to afford a counsel of her own choice to defend her interest in this case. She shall be afforded in the services of a Legal Aid Counsel by this court.

7. Let this case be listed on 17.07.2024.

JUDGE

Comparing Assistant