Pradip Konwar vs The State Of Assam And Anr
2024 Latest Caselaw 7936 Gua

Gauhati High Court

Pradip Konwar vs The State Of Assam And Anr on 30 October, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                           Page No.# 1/2

GAHC010215542024




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

                               Case No. : Crl.A./353/2024

           PRADIP KONWAR
           S/O. PRAFULLA KONWAR, R/O. VILL. PATIDAYA, P/S. MORIGAON, DIST.-
           MORIGAON, ASSAM, PIN-782104.

           VERSUS

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

           2:GEETALI BORDOLOI
           W/O. HARIK JYOUTI BORDOLOI
            R/O. VILL.- OUJARI
            P/S. MORIGAON
            PIN-782105
            DIST. MORIGAON
           ASSAM

Advocate for the Petitioner : MR. M A SHEIKH, MS F INTAZ,MR. W A SHEIKH
Advocate for the Respondent : PP, ASSAM,

                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                       ORDER

30.10.2024

Heard Mr. M. A. Sheikh, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State respondent

This is an application under Section 374 Cr. P.C. against the judgment and order Page No.# 2/2

dated 02.09.2024 passed by the leaned Special Judge (POCSO), Morigaon in POCSO Case No. 56/2020 whereby the petitioner was convicted under Section 354/451 IPC under Section 8 of POCOS Act.

The appeal is admitted.

As Mr. Sarma, learned Additional Public Prosecutor has entered appearance on behalf of the State respondent No.1, a copy of the petition along with the documents annexed thereto be furnished to him during the course of the day.

Issue notice upon the respondent No.2.

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 petitioner 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 the trial court record pertaining to POCSO Case No. 56/2020.

Registry to procure the same.

List the matter accordingly after 4(four) weeks.

JUDGE

Comparing Assistant