Janak Swargiary vs The State Of Assam And Anr
2025 Latest Caselaw 2095 Gua

Gauhati High Court

Janak Swargiary vs The State Of Assam And Anr on 20 January, 2025

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GAHC010003032025




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

                                  Case No. : Crl.A./11/2025

            JANAK SWARGIARY
            S/O. SRI RAJANI SWARGIARY, R/O. VILL. NO.3 MAJORBARI, P/S.
            SILAPATHAR, DIST. DHEMAJI, ASSAM.

            VERSUS

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

            2:KAMALA BORAH
             S/O. SRI PUNA BARAH
             R/O. VILL. NO. 2 NARAYAN PUR
             P/S. SIMEN CHAPORI
             DIST. DHEMAJI
            ASSAM
             PIN-787061

Advocate for the Petitioner   : R L CHUTIA, MR A KHANIKAR

Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                           ORDER

Date : 20.01.2025

Heard Mr. A Khanikar, learned counsel for the applicant. This appeal under section 415 of the BNSS, 2023 is filed Page No.# 2/2

assailing the judgment and order dated 18.11.2024, passed by the learned Special Judge (POCSO), Dhemaji in Special (POCSO) Case No.34/2017, sentencing the accused/appellant to suffer RI for four months for committing the offence punishable under section 448 IPC and further to suffer RI for five years and to pay a fine of Rs.10,000/- for offence punishable under section 8 of POCSO Act in default to suffer RI for four months.

Perused the ground of appeal.

The appeal is admitted for hearing. Call for the records.

Issue notice returnable by four weeks. Mr. P Borthakur, learned Addl. PP, accepts notice on behalf of respondent No.1, so no formal notice is required to be issued, however, extra copies of the application be served upon the learned Addl. PP, within three days.

Steps upon the respondent No.2 be taken by way of Registered Post with A.D as well as through usual process within five days.

List accordingly.

JUDGE

Comparing Assistant