Citation : 2025 Latest Caselaw 2275 Gua
Judgement Date : 24 January, 2025
Page No.# 1/2
GAHC010277232024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/187/2024
MD. AMIR ALI
S/O LATE HABIB ALI, R/O CHUTIA KHONGO GGS-1, P.S.-GELAKEY, DIST-
SIVASAGAR
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : X,
Advocate for the Respondent : PP, ASSAM,
BEFORE
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
24-01-2025
1. This is an appeal filed from the jail by the appellant/accused who has been convicted under Section 10 of the POCSO Act and has been sentenced to undergo Rigorous Imprisonment (RI) for 5 (five) years and to pay a fine of Rs. 5,000/-, in default, to Page No.# 2/2
undergo RI for 3 (three) months in terms of the judgment and order dated 23.10.2024 passed by the learned Special Judge (POCSO), Sivasagar in Special (POCSO) Case No. 75/2023.
2. Perused the impugned judgment and sentence dated 23.10.2024.
3. Admit the appeal.
4. Call for the records.
5. Issue notice, returnable by after 4 (four) weeks.
6. As Mr. K.K.Das, learned Additional Public Prosecutor, Assam accepts the notice on behalf of the respondent No.1, no formal notice need to be issued to the aforesaid respondent.
7. The appellant to take steps for issuance of notice upon the informant by the registered post with A/D as well as usual process within a period of five days from today.
8. Ms. Priyanki Das, learned counsel, be appointed as an Amicus Curiae for the appellant to assist this Court.
9. Registry to provide the relevant paper including the copies of the evidence to Ms. Priyanki Das, learned Amicus Curiae for the appellant.
10.List accordingly, reflecting the name of Ms. Priyanki Das, learned counsel as an Amicus Curiae for the appellant in the cause list against this item.
JUDGE
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