Gautam Kalita vs The State Of Assam And Anr
2024 Latest Caselaw 4746 Gua

Gauhati High Court

Gautam Kalita vs The State Of Assam And Anr on 27 June, 2024

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GAHC010128612024




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

                                  Case No. : Crl.A./202/2024

            GAUTAM KALITA
            S/O TONKESWAR KALITA,
            R/O AZARGURI ATHABARI GAON, P.S.- KHOWANG, DIST.- DIBRUGARH,
            ASSAM.



            VERSUS

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

            2:HAPPY DUTTA
             D/O JADU DUTTA

            R/O HALDHIBARI
            BARPATHAR
            P.S.- KHOWANG
            DIST.- DIBRUGARH

Advocate for the Petitioner   : MR. A K BHUYAN

Advocate for the Respondent : PP, ASSAM
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                                BEFORE
                 HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                     ORDER

Date : 27.06.2024

Heard Mr. A. K. Bhuyan, learned counsel for the appellant. Also heard Mr. K. Baishya, learned Additional Public Prosecutor appearing on behalf of the State respondent No.1.

This is application under Section 374(2) of the Code of Criminal Procedure, 1973 against the Judgment and Order of conviction under Section 8 of the POCSO Act, dated 13.06.2024 passed by Shri Vijay Kumar Singh, Additional Sessions Judge (FTC)-Cum-Special Judge (POCSO), Dibrugarh in POCSO Case No.01/2022, whereby accused convicted with rigorous Imprisonment for a term of 3(three) years and to pay a fine of Rs.20,000/- for the offence punishable under Section 8 of the POCSO Act, and in default of payment of fine, to convict shall have to undergo SI for another 4 months.

Considering the submissions made by the learned counsel for the appellant, appeal is admitted for hearing.

Issue notice to the respondent, returnable within 4(four) weeks.

Since Mr. K. Baishya, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of State respondent No. 1, issuance of formal notice to the said respondent is hereby dispensed with. However, he shall be provided with requisite extra-copy of the petition, if not already furnished, during the course of the day.

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The petitioner side shall take steps for service of notice on respondent No. 2 by registered post with A/D as well as usual process within 7 (seven) days.

Also, call for the scanned copy of the case record from the learned Court below.

List the matter after 4(four) weeks.

JUDGE

Comparing Assistant