Md. Nisanul Islam Barbhuiya @ Lisanul ... vs The State Of Assam And Anr
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Gauhati High Court

Md. Nisanul Islam Barbhuiya @ Lisanul ... vs The State Of Assam And Anr on 1 May, 2024

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GAHC010083742024




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

                                  Case No. : Crl.A./114/2024

            MD. NISANUL ISLAM BARBHUIYA @ LISANUL BARBHUIYA
            S/O MD. SAJIQUR BARBHUIYA,
            R/O NISCHINTAPUR, P.S.- HAILAKANDI, DIST.- HAILAKANDI (ASSAM).



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE PUBLIC PROSECUTOR.

            2:MD. ABDUL GAFFAR LASKAR
             S/O LATE ABDUL SATTAR LASKAR

            R/O BIDYAPUR
            P.O.- MRIAMGAHT
            P.S.- URIAMGHAT
            DIST.- GOLAGHAT (ASSAM)
            PIN- 785601

Advocate for the Petitioner   : MR. M K HUSSAIN

Advocate for the Respondent : PP, ASSAM
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                                 BEFORE
                HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                        ORDER

01.05.2024

Heard Mr. M. K. Hussain, learned counsel for the appellant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam.

This appeal is filed under Section 374(2) of the Code of Criminal Procedure, 1973 assailing the judgment dated 28.03.2024 passed by the learned Special Judge, POCSO, Golaghat in Special POCSO Case No. 52/2019, convicting and sentencing the appellant to undergo R.I for 5 (five) years for committing the offence punishable under Section 10 of the POCSO Act and also to pay a fine of Rs. 20,000/- and in default further SI for another 2 (two) months and also convicting and sentencing the appellant to undergo R.I. for 3 (three) years for committing the offence punishable under Section 354A(1) (iii) of IPC and also to pay a fine of Rs. 10,000/- and in default further S.I. for 1 (one) month.

Admit this appeal.

Call for the records.

Issue notice returnable after four weeks.

As Mr. Borthakur, learned APP accepts notice on behalf of the State respondent no formal notice need be issued to the said respondent.

The appellant to take steps for issuance of notice upon the respondent No. 2 by way of registered post with A/D as well as usual process within a period of five days Page No.# 3/3

from today.

The appellant is also permitted to take dasti service upon the respondent No. 2 after routing the same through the Registry and thereafter, file an affidavit in proof of such service.

List accordingly.

JUDGE

Comparing Assistant