Phanindra Nath @ Bhujen vs The State Of Assam And Anr
2024 Latest Caselaw 8541 Gua

Gauhati High Court

Phanindra Nath @ Bhujen vs The State Of Assam And Anr on 21 November, 2024

                                                                             Page No.# 1/3

GAHC010226352024




                                                                      undefined

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

                                  Case No. : Crl.A./387/2024

            PHANINDRA NATH @ BHUJEN
            S/O. BIREN NATH, R/O. BOGORIGURI, P/O. MORIGAON, P/S. MORIGAON,
            DIST. MORIGAON, ASSAM.



            VERSUS

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

            2:RUPJYOTI BORDOLOI
            W/O. PHANINDRA PATAR
             R/O. NA-BHETI VILLAGE
             UDAYNAGAR
             P/O. AND P/S. MORIGAON
             DIST. MORIGAON
            ASSAM

Advocate for the Petitioner   : MR. I CHOUDHURY, R L CHUTIA,M INGTI

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

                        BEFORE
         HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                    ORDER

Date : 21.11.2024

Heard Mr. I. Choudhury, learned counsel for the appellant. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for State respondent.

This is an application filed under Section 374(2) of the Code of Criminal Procedure, 1973, challenging the impugned judgment and order dated 09.09.2024 passed by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Morigaon in connection with POCSO Case No.86/2021, whereby, the appellant was convicted under Section 8 of the POCSO Act and sentenced him to undergo R.I for 4(four) years fine of Rs. 5,000/- only in default of payment of fine, S.I for 1(one) month and also convicted under Section 448 of IPC and sentenced him to undergo R. I. for 6(six) months.

Admit.

Issue notice to the respondents, returnable within 4 (four) weeks.

Since Mr. Baruah, learned Additional Public Prosecutor for State respondent, has entered appearance and accepted notice on behalf of the respondent No.1, no formal notice is required to be issued to the said respondent. However, he shall be furnished with the requisite extra-copy of the petition during the course of the day.

The learned counsel for the appellant shall take steps for service of notice upon the respondent No.2 by registered post with A/D as well as by usual Page No.# 3/3

process.

Call for the scanned copy of the LCR.

List the matter after 4(four) weeks.

JUDGE

Comparing Assistant