Citation : 2024 Latest Caselaw 8582 Gua
Judgement Date : 22 November, 2024
Page No.# 1/2
GAHC010232152024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./390/2024
NARAM SAIKIA
S/O. LATE KHAGEN SAIKIA, R/O. VILL. JURHOTIA, P/S. BOGINADI, DIST.
LAKHIMPUR, ASSAM, PIN-787053.
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:BABUL BORAH
S/O. LATE BHEDESWAR BORAH
R/O. JORHATIA GAON
P.S. BOGINADI
DIST. LAKHIMPUR
ASSAM
PIN-787032
Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MR. M ALAM
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 22.11.2024
Heard Mr. K. Boruah, learned counsel for the appellant. Also Page No.# 2/2
heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State of Assam/respondent No.1.
This is an appeal filed under Section 415(2) of BNSS, 2022 against the judgment and order dated 25.09.2024 passed by the learned Special Judge(POCSO), Lakhimpur at North Lakhimpur, Assam in connection with Special (POCSO) Case No. 43/2018, whereby the accused/appellant was convicted under Section 366/354 of IPC.
The appeal is admitted.
Issue notice.
The learned counsel for the appellant is directed to take step for service of notice upon the respondent No. 2 by way of registered post with AD as well as other usual process returnable within 4(four) weeks. The steps be taken within 7(seven) days.
No formal notice required to be served upon the respondent No.1 as because Mr. Goswami, learned Addl.P.P. has entered appearance.
Extra copy of the petition shall be provided to Mr. Goswami. Call for the trial court record. The Registry is directed to procure the same.
List accordingly.
JUDGE
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