Haricharan Sarkar vs The State Of Assam And Anr
2024 Latest Caselaw 2878 Gua

Gauhati High Court

Haricharan Sarkar vs The State Of Assam And Anr on 1 May, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                          Page No.# 1/2

GAHC010085452024




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

                                 Case No. : Crl.A./116/2024

            HARICHARAN SARKAR
            S/O LATE KUMUD SARKAR,
            VILL.- KUKURMARI, P.S.- KAJALGAON, DIST.- CHIRANG, ASSAM.



            VERSUS

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

            2:MANIKA BALA ROY
            W/O DILIP CHANDRA ROY

            VILL.- NEHALGAON
            P.S.- BASUGAON
            DIST.- CHIRANG
            ASSAM

Advocate for the Petitioner   : MR. B M CHOUDHURY

Advocate for the Respondent : PP, ASSAM




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

                                          ORDER

01.05.2024 [M. Choudhury, J.] Heard Mr. B.M. Choudhury, learned counsel for the accused-appellant and Ms. S.H. Page No.# 2/2

Bora, learned Additional Public Prosecutor for the respondent no. 1, State of Assam. The accused-appellant has preferred the criminal appeal under Section 374[2] of the Code of Criminal Procedure against a Judgment and Order dated 26.02.2024 passed in Special [POCSO] Case No. 03/2022 by the learned Special Judge, Chirang at Kajalgaon. By the said Judgment and Order dated 26.02.2024, the accused-appellant has been convicted for the offence under Section 6 of the Prevention of Child from Sexual Offences [POCSO] Act, 2012 and sentenced him to undergo rigorous imprisonment for 20 [twenty] years and to pay a fine of Rs. 20,000/- and in default of payment of fine, to undergo further simple imprisonment for 1 [one] year.

The appeal is admitted for hearing.

Let the case records of Special [POCSO] Case No. 03/2022 be called for from the learned trial court.

Issue notice, returnable in 4 [four] weeks.

As Ms. Bora, learned Additional Public Prosecutor, Assam has appeared and accepted notice on behalf of the respondent no. 1, State of Assam, issuance of formal notice to the respondent no. 1 is dispensed with.

The accused-appellant shall take steps for service of notice upon the respondent no. 2/informant, in terms of the Practice Directions laid down in the Notification no. 17 dated 15.03.2024 and the order dated 23.06.2023 passed in Criminal Appeal [J] No. 40/2022 [Deepak Nayak vs. State of Assam and two others].

The learned Additional Public Prosecutor shall obtain a report from the Officer In-Charge, Basugaon Police Station as regards the service of notice upon the opposite party-respondent no. 2 and place the same before this Court on or before the returnable date. List the matter after 4 [four] weeks.

                                                      JUDGE                     JUDGE




Comparing Assistant