Gauhati High Court

Rahej Uddin vs The State Of Assam And Anr on 3 May, 2024

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GAHC010088302024




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

                                  Case No. : Crl.A./124/2024

            RAHEJ UDDIN
            S/O SAIJUDDIN,
            R/O NO. 2, BHATKUCHI, P.S.- BARPETA, DIST.- BARPETA, ASSAM.



            VERSUS

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

            2:SAMELA BEGUM
            W/O FULCHAND ALI

            R/O NO. 2
            BHATKUCHI
            P.O.-BHATKUCHI
            P.S.- BARPETA
            DIST.- BARPETA
            ASSAM
            PIN- 781314

Advocate for the Petitioner   : MR. S U AHMED

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

                                     ORDER

03.05.2024

Heard Mr. S. U. Ahmed, learned counsel for the appellant. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor for the State of Assam.

This application is filed under Section 374(2) read with Section 482 of the Code of Criminal Procedure, 1973 assailing the Judgment dated 16.03.2024 and Sentence dated 19.03.2024 passed by the learned Additional Sessions Judge (FTC), Barpeta in Sessions Case No. 121/2022 whereby convicting the appellant and sentencing him to undergo R.I. for 3 (three) months and to pay fine of Rs. 500/- under Section 447 of IPC and in default of payment of fine, shall undergo S.I. for a period of 15 (fifteen) days and to undergo R.I. for 10 (ten) years and to pay fine of Rs. 10,000/- under Section 376 of IPC and in default of payment of fine, shall undergo S.I. for another 3 (three) months.

Admit this appeal.

Call for the records.

Issue notice returnable after four weeks.

As Mr. B. B. Gogoi, learned Additional Public Prosecutor accepts notice on behalf of the respondent No. 1, no formal notice need be issued to the said respondent No. 1.

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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 by usual process within a period of five days from today.

List accordingly.

JUDGE

Comparing Assistant