Biswajit Doley @ Debaram vs The State Of Assam And Anr
2024 Latest Caselaw 6444 Gua

Gauhati High Court

Biswajit Doley @ Debaram vs The State Of Assam And Anr on 30 September, 2024

Author: S. K. Medhi

Bench: Sanjay Kumar Medhi

                                                                     Page No.# 1/3

GAHC010197242024




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

                                   Case No. : Crl.A./318/2024

            BISWAJIT DOLEY @ DEBARAM
            S/O. PRODIP KUMAR DOLEY, R/O. NO.1, MECHAKI TANGANI, DIST.-
            DHEMAJI, ASSAM-786110



            VERSUS

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

            2:SMTI. BALA PAIT
            W/O.- PRAFULLA PAIT
             R/O. VILL.- HALDIBARI
             UNDER SILAPATHAR POLICE STATION
             IN THE DIST. OF DHEMAJI
            ASSAM

Advocate for the Petitioner   : MR. M K DAS, MS. B CHETRY

Advocate for the Respondent : PP, ASSAM,




             Linked Case : I.A.(Crl.)/929/2024

            BISWAJIT DOLEY @ DEBARAM
            S/O. PRODIP KUMAR DOLEY
            R/O. NO.1
            MECHAKI TANGANI
            DIST.- DHEMAJI
            ASSAM-786110
                                                                     Page No.# 2/3



           VERSUS

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

          2:SMTI. BALA PAIT
          W/O.- PRAFULLA PAIT
           R/O. VILL.- HALDIBARI
           UNDER SILAPATHAR POLICE STATION
           IN THE DIST. OF DHEMAJI
          ASSAM.
           ------------
          Advocate for : MR. M K DAS
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR




                        BEFORE
       HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
        HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                  ORDER

Date : 30.09.2024 (S. K. Medhi, J)

Heard Shri M. K. Das, learned counsel for the appellant, who has preferred this appeal under Section 415(2) read with Section 438/397 of the Bharatiya Nagarik Suraksha Sanhita, 2023 against the judgment and order dated 07.08.2024, passed by the learned Special Judge (POCSO), Dhemaji, in Special (POCSO) Case No. 02/2017, whereby the accused/appellant has been sentenced to undergo Rigorous Imprisonment for 5 (five) years and to pay fine of Rs. 5,000/- (Rupees five thousand) only, in default, to undergo Rigorous Imprisonment for another 3 (three) months for offence under Sections 366/34 of the Indian Penal Code; and to suffer Rigorous Imprisonment for 1 (one) year Page No.# 3/3

and to pay fine of Rs. 1,000/- (Rupees one thousand) only, in default, to undergo rigorous Imprisonment for 1 (one) months for the offence under Section 344/34 of the Indian Penal Code; and further to undergo Rigorous Imprisonment for 20 (twenty) years and to pay fine of Rs. 10,000/- (Rupees ten thousand) only, in default, to undergo Rigorous Imprisonment for 6 (six) months for the offence under Section 4 of the POCSO Act.

Admit.

Issue notice to the respondents, returnable by 6 (six) weeks.

Since Ms. S. Jahan, learned Additional Public Prosecutor, has entered appearance and accepts notice on behalf of State respondent No. 1, issuance of formal notice to the said respondent is dispensed with.

Let steps for service of notice upon the respondent No. 2 be taken through the Registry of this Court in the manner prescribed within 3 (three) days from today.

List after 6 (six) weeks along with a report on service as well as receipt of records.

                             JUDGE                               JUDGE


Comparing Assistant