Raju Modak vs The State Of Assam
2025 Latest Caselaw 2935 Gua

Gauhati High Court

Raju Modak vs The State Of Assam on 7 February, 2025

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GAHC010014782025




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

                                  Case No. : Crl.A./31/2025

            RAJU MODAK
            S/O LATE GOPAL MODAK,
            RESIDENT OF CHOTOGUMA, PS GOLAKGANJ, DIST DHUBRI ASSAM

            VERSUS

            THE STATE OF ASSAM
            REP BY P P ASSAM

            2:SANKAR KALITA
             S/O LATE HEMEN KALITA
             RESIDENT OF VILAGE SUNDARISAL
             PS KAMALPUR
             DIST. KAMRUP
            ASSAM 78138

Advocate for the Petitioner   : MR. A T SARKAR, AMINUR RAHMAN

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                   ORDER

07.02.2025

Heard Mr. A. Rahman, learned counsel for the appellant and Mr. K. Baishya, learned Additional Public Prosecutor for the State respondent.

2. In this appeal, under Section 415(2) of the BNSS, the appellant has put Page No.# 2/2

to challenge the correctness or otherwise of the Judgment and Order dated 23.12.2024, passed by the learned Additional Sessions Judge (FTC), Rangia, Kamrup, in Sessions Case No. 09/2018.

3. It is to be noted here that vide Judgment and Order dated 23.12.2024, passed by the learned Additional Sessions Judge (FTC), Rangia, Kamrup has convicted the appellant to suffer rigorous imprisonment for 10 years and fine of Rs. 5,000/- with default stipulation.

4. Perused the memo of appeal as well as the grounds mentioned therein and also perused the impugned Judgment and Order dated 23.12.2024, passed by the learned Additional Sessions Judge (FTC), Rangia, Kamrup, in Sessions Case No. 09/2018.

5. Admit.

6. Let notice be issued to the respondents, within a week from today, returnable in 4 weeks, by registered post with A/D and also by usual process. As Mr. Baishya has appeared and accepted notice on behalf of the State respondent, no formal notice is required to be issued. However, extra requisite copy of the petition be furnished to the State respondent during the course of the day.

7. The Registry shall call for the record from the learned trial court.

8. List the matter after 4 (four) weeks.

JUDGE Comparing Assistant