Ismail Ali @ Md. Ismail vs The State Of Assam And Anr
2024 Latest Caselaw 6446 Gua

Gauhati High Court

Ismail Ali @ Md. Ismail vs The State Of Assam And Anr on 30 September, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                         Page No.# 1/3

GAHC010143232024




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

                                   Case No. : Crl.A./241/2024

            ISMAIL ALI @ MD. ISMAIL
            S/O MD. MOKZAL HUSSAIN,
            VILL.- AMINPARA, P.O.- AMINPARA, P.S.- ROWTA, DIST.- UDALGURI, BTR,
            ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            TO BE REP. BY THE P.P., ASSAM.

            2:GULESA BEGUM
            W/O MD. ABDUL AZIZ

            VILL.- AMINPARA
            P.O.- AMINPARA
            P.S.- ROWTA
            DIST.- UDALGURI
            BTR
            ASSAM
            PIN

Advocate for the Petitioner   : MR. M A I HUSSAIN, N ISLAM,MR. A AHMED

Advocate for the Respondent : PP, ASSAM,




             Linked Case : I.A.(Crl.)/917/2024

            ISMAIL ALI @ MD. ISMAIL
                                                                         Page No.# 2/3

          S/O MD. MOKZAL HUSSAIN

          VILL.- AMINPARA
          P.O.- AMINPARA
          P.S.- ROWTA
          DIST.- UDALGURI
          BTR
          ASSAM.


          VERSUS

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

          2:GULESA BEGUM

          W/O MD. ABDUL AZIZ
          R/O VILL AND P.O. AMINPARA
          P.S. ROWTA DISTRICT UDALGURI
          BTR
          ASSAM
          PIN 784514
          ------------
          Advocate for : MR. M A I HUSSAIN
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                  BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

Date : 30.09.2024

Heard Mr. N. Islam, learned counsel for the applicant. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor appearing for the State/respondent No. 1.

This is an application under Section 430 of BNSS, 2023, against the impugned judgment and order dated 21.05.2024 passed by the learned Special Judge, Udalguri in Special (POCSO) Case No. 04/2021, whereby the Page No.# 3/3

applicant was sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.10,000/- only for the offence under Section 4 of POCSO Act, 2012 and in default of payment of fine, the applicant shall suffer simple imprisonment for two months.

Issue notice.

The learned counsel for the applicant is directed to take step for service of notice to 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., concerned Police Station.

The applicant 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. concerned P.S., who shall serve the same to the victim/guardian of the victim/informant. The O.C. concerned P.S. shall thereafter give a report of service of the petition/notice to this Court.

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. The learned Additional Public Prosecutor for the State prays for some time to file objection against the prayer of the applicant, which is allowed.

List the matter after ensuing puja vacation.

JUDGE

Comparing Assistant