Sahab Uddin vs The State Of Assam And Anr
2024 Latest Caselaw 7996 Gua

Gauhati High Court

Sahab Uddin vs The State Of Assam And Anr on 4 November, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                        Page No.# 1/3

GAHC010225042024




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

                                  Case No. : Crl.A./356/2024

            SAHAB UDDIN
            S/O. LATE TOIMUDDIN, R/O. VILL.- BALITIKA GAON, P/O. KALAKHOWA,
            P/S. LALUK, DIST.- LAKHIMPUR, ASSAM, PIN-787023.



            VERSUS

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

            2:PARBINA BEGUM
            W/O. ABDUL ISLAM
             D/O. SAHAB UDDIN
             R/O. VILL- NO.1 SONAPUR
             P/O. SONAPUR
             P/S. LALUK
             DIST.- LAKHIMPUR
            ASSAM
             PIN-784160

Advocate for the Petitioner   : ALHAJJ I UDDIN, MRS. R MOMTAZ,MR ROBIUL HOQUE,H M I
HOQUE

Advocate for the Respondent : PP, ASSAM,
                                                                       Page No.# 2/3


                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI
                                 ORDER

Date :04.11.2024

Heard Mr. A.I. Uddin, learned Counsel for the appellant. Also heard Mr. D.P.Goswami, learned Addl. Public Prosecutor, Assam for the State respondent No.1.

By filing this appeal under Section 374(2) of the CrPC, the appellant has prayed for setting aside/ quashing/ of the impugned Judgment and order dated 24.09.2024 in Special ( POCSO) Case No.66/2018 ( Laluk Police Station Case No. 127/2018) passed by the learned Special Judge, Lakhimpur, North Lakhimpur convicting the appellant u/s Section 10/18 of POCSO Act and sentencing him to undergo RI for 1 year and to pay fine of Rs.15,000/- i/d SI for 5 months.

The Criminal Appeal is admitted.

Issue notice to the respondent No. 2.

As Mr. D.P.Goswami, learned Addl.Public Prosecutor has entered appearance on behalf of the State respondent No.1, no notice need be issued. However, extra copy of the memo of appeal along with annexures be furnished to him within 2 days.

The present application is arising out of the POCSO Act, accordingly, in view of the above facts and in terms of the judgment of this Court passed in Dipak Nayak vs. State of Assam [Criminal Appeal(J) 40/2022], notice be issued to the victim/guardian of the victim/informant through the O.C., of concerned Police Station.

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The appellant shall submit a copy of the petition to the Registry of this Court, who shall furnish the same to the learned Additional Public Prosecutor. The learned Additional Public Prosecutor shall thereafter forward the same to the O.C. of concerned P.S., who shall serve the same to the victim/guardian of the victim/informant. The O.C. of concerned P.S. shall thereafter give a report of service of the petition/notice to this Court. Call for trial court records in connection with the aforesaid case.

Registry to procure the above records.

List after four weeks.

JUDGE

Comparing Assistant