Jibeswar Das vs The State Of Assam And Anr
2024 Latest Caselaw 8112 Gua

Gauhati High Court

Jibeswar Das vs The State Of Assam And Anr on 6 November, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                      Page No.# 1/3

GAHC010162212024




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

                                 Case No. : Crl.A./291/2024

            JIBESWAR DAS
            S/O. ASWINI DAS, R/O. VILL. DHEKENABARI, P.S- CHHAYGAON, DIST.
            KAMRUP, ASSAM.



            VERSUS

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

            2:GYANANDA DAS
            W/O. HARMOHAN DAS
             R/O. VILL- MAJPARA
             P.S. CHHAYGAON
             DIST. KAMRUP
            ASSAM
             PIN-78112

Advocate for the Petitioner   : MR S BORTHAKUR, MR. A NAYAK

Advocate for the Respondent : PP, ASSAM,

                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 06.11.2024

Heard Mr. A.Nayak, learned counsel for the appellant. Also heard Mr. D.Das, learned Addl. Public Prosecutor, Assam for the State respondent No.1.

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By filing this appeal under Section 415 of the Bharatiya Nagarik Surakshya Sanhita, 2023, the appellant has prayed for setting aside/ quashing of the Judgment and order dated 26.06.2024 passed in Special (POCSO) Case No.05/2021 by the learned Special Judge ( POCSO), Kamrup, Amingaon convicting the appellant u/s Section 10 of POCSO Act and sentencing him to undergo RI for 5 years and a fine of Rs.10,000/- i/d RI for 2 months.

The Criminal Appeal is admitted.

Issue notice to the respondent No.2.

As Mr. D.Das, 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.

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. Trial court records is received.

List after 03(three) weeks.

JUDGE Page No.# 3/3

Comparing Assistant