Deben Baruah vs The State Of Assam And Anr
2024 Latest Caselaw 4311 Gua

Gauhati High Court

Deben Baruah vs The State Of Assam And Anr on 14 June, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                        Page No.# 1/2

GAHC010061862024




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

                                   Case No. : CRL.A(J)/61/2024

             DEBEN BARUAH
             S/O-LT. BIPIN CH., BARUAH, R/O-SANTIPUR BAGAN, P.S.-PALASHBARI,
             DISTRICT-KAMRUP, ASSAM

             VERSUS

             THE STATE OF ASSAM AND ANR
             REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

             2:SMTI. JOTILA RABHA

             W/O-KOKIL CH. RABHA
             R/O-VILLAGE-TULSIBARI (BAGAN)
             P.S.-PALASHBARI
             DISTRICT-KAMRUP
             ASSA

Advocate for the Petitioner    : MR. B HALDAR

Advocate for the Respondent : PP, ASSAM


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

                                              ORDER

Date : 14.06.2024 [Manish Choudhury, J.]

Heard Mr. B. Haldar, learned Legal Aid Counsel for the accused-appellant and Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor for the respondent no. 1, State of Assam.

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2. This criminal appeal under Section 374[2], Code of Criminal Procedure, 1973 [CrPC] is preferred against a Judgment and Order dated 07.11.2023 passed by the Court of learned Additional Sessions Judge-cum- Special Judge [POCSO], Amingaon, Karmup in Special [P] Case no. 68/2018. By the Judgment and Order dated 07.11.2023, the accused-appellant has been convicted for the offence under Section 6, Protection of Children from Sexual Offences [POCSO] Act, 2012 and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/-, in default of payment of fine, to undergo simple imprisonment for another 4 [four] months.

3. The appeal is admitted for hearing.

4. The case records of Special [P] Case no. 68/2018 be called for.

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

6. As Ms. Bhuyan, learned Senior Counsel & Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent no. 1, State of Assam, issuance of formal notice to the respondent no. 1 stands dispensed with. The learned Legal Aid Counsel for the appellant shall, however, 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 inter alia under Section 6 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 mentioned 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 within one week from today.

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, Palashbari Police Station on or before the returnable date.

                                                                           JUDGE                     JUDGE

Comparing Assistant