Jayanta Mudoi vs The State Of Assam And Anr
2024 Latest Caselaw 8334 Gua

Gauhati High Court

Jayanta Mudoi vs The State Of Assam And Anr on 13 November, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                        Page No.# 1/3

GAHC010221382024




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

                                 Case No. : Crl.A./375/2024

            JAYANTA MUDOI
            S/O. PRAFULLA MUDOI, VILL.- MAJKHUWA, P/S. MIKIRBHETA, DIST.-
            MORIGAON, ASSAM, PIN-782001.



            VERSUS

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

            2:CHANDANA DEVI DAS
            W/O. TARUN DAS
            VILL.- SANTIPUR
             JAGIROAD
             P/S. DHARAMTUL
             DIST.- MORIGAON
            ASSAM
             PIN-782412

Advocate for the Petitioner   : A SARMA, MR. B CHAKRAVARTY,MR. A NATH

Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 13.11.2024

Heard Ms.A.Sharma, learned counsel for the appellant and Mr. D.Das, learned Page No.# 2/3

Additional Public Prosecutor for the State respondent No.1.

By filing this appeal under Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the appellant has challenged the impugned judgment and order dated 18.09.2024 passed by the learned Addl. Sessions Judge-cum- Special Judge (POCSO), Morigaon in POCSO Case No.42/2017 convicting the appellant under Section 376 (2) (i) of the IPC and sentencing him to undergo RI for 10 years and to pay fine of Rs.20,000/- i/d RI for 6 months.

The criminal appeal is admitted.

Issue notice to the respondents.

As Mr. D.Das, learned Additional Public Prosecutor, Assam has entered appearance on behalf of the State respondent No.1, no notice need be issued to respondent No.1. Extra copy be furnished.

Appellant to take steps for service of notice on respondent No.2 by registered post with A/D as well as by usual process, returnable within four weeks. Steps within 3 days.

Call for the trial court records pertaining to POCSO Case No.42/2017 from the court of learned Addl. Sessions Judge-cum- Special Judge (POCSO), Morigaon.

Registry to procure the above records.

List after four weeks.

JUDGE Page No.# 3/3

Comparing Assistant