Citation : 2024 Latest Caselaw 7941 Gua
Judgement Date : 30 October, 2024
Page No.# 1/2
GAHC010215962024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./349/2024
UTTAM DAS
S/O. LATE GOBINDO CHANDRA DAS, A RESIDENT OF MISSION PARA,
TINSUKIA, P.O. AND P.S. TINSUKIA, DIST. TINSUKIA, ASSAM, PIN-786125.
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM.
2:RIYA BARMA
D/O. SRI LAXMI PRASAD BARMA
R/O. VILL. PENGIRI CHARIALI
P/O AND P/S PENGIRI
DIST.- TINSUKIA
ASSAM
PIN-786174
Advocate for the Petitioner : MR. B K DAS, MR H P GUWALA,MR. S D PURKAYASTHA,H P
NEOG
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 30.10.2024
Heard Mr. S.D. Purkayastha, learned counsel for the appellant. Also heard Page No.# 2/2
Mr. D.P. Goswami, learned Additional Public Prosecutor appearing for the State/respondent No. 1.
This is an appeal under Section 415 of BNSS, 2023, against the impugned judgment and order dated 13.09.2024 passed by the learned Additional District & Sessions Judge (FTC-2), Tinsukia in Sessions Case No. 13(T)/2021 convicted the accused/appellant for the offence punishable under Section 376 IPC and sentenced him to undergo r/i for ten years and to pay a fine of Rs.10,000/-, in default stipulation. The appeal is admitted.
Issue notice.
The learned counsel for the applicant is directed to take step for service of notice to the respondent No. 2.
No formal notice required to be served upon the respondent No.1 as because Mr. Goswami, 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 the matter after four weeks.
JUDGE
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