Askar Ali Talukdar vs The State Of Assam And Anr
2024 Latest Caselaw 6511 Gua

Gauhati High Court

Askar Ali Talukdar vs The State Of Assam And Anr on 3 September, 2024

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GAHC010144102023




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

                                  Case No. : Crl.A./239/2023

            ASKAR ALI TALUKDAR
            S/O LATE TASIR ALI TALUKDAR,
            RESIDENT OF HILL VIEW MASJID PATTY, PS MARGHERITA, DIST
            TINSUKIA, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:MD. MOHIBUL ISLAM
             S/O LATE NURUDDIN ISLAM

            RESIDENT OF HILL VIEW
            MARGHERITA
            PS MARGHERITA
            DIST TINSUKIA
            ASSAM 78618

Advocate for the Petitioner   : MR H R A CHOUDHURY, MS R DEKA,MR. A AHMED,MR. I U
CHOWDHURY

Advocate for the Respondent : PP, ASSAM, MR D K BHATTACHARYYA, AMICUS CURIAE FOR

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BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 03/09/2024

Heard Mr. I U Chudhury, learned counsel for the appellant and Mr. K Baishya, learned Additional Public Prosecutor, Assam for the State respondent No. 1. Also heard Mr. D K Bhattacharyya, learned Amicus Curiae for the respondent No. 2.

This statutory appeal is against the judgment and order dated 16.06.2023 passed by the learned Additional Sessions Judge cum Special Judge (POCSO), Tinsukia in POCSO Case No. 172/2022 convicting the appellant under Section 376(1) of the IPC and sentencing him to undergo Rigorous Imprisonment for 10 (ten) years with fine of Rs.10,000/-, in default of payment of fine, Simple Imprisonment for 2 (two) months, setting off the period of detention already undergone by the appellant during investigation and/or trial of the case.

By order dated 21.07.2023, this appeal was already admitted for hearing.

Registry has already received the relevant records pursuant to the order dated 21.07.2023.

It is seen that during investigation of the case, the appellant was in custody for the period from 08.09.2022 to 28.10.2022 and thereafter, since the impugned judgment and order of conviction and sentence dated 16.06.2023.

Registry shall list this matter for hearing in its usual course, on a date to be fixed by it.

JUDGE

Comparing Assistant