Rahibul Hoque vs The State Of Assam
2025 Latest Caselaw 2298 Gua

Gauhati High Court

Rahibul Hoque vs The State Of Assam on 24 January, 2025

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GAHC010000792025




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

                                  Case No. : Crl.A./21/2025

            RAHIBUL HOQUE
            S/O. AFJALUL HOQUE, R/O. VILL. HATIPOTA, P/S. KAJALGAON, DIST.
            CHIRANG, ASSAM.



            VERSUS

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



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

Advocate for the Respondent : PP, ASSAM,




                                           BEFORE
                  HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY


                                           ORDER

24-01-2025

1. Heard Mr. A. Ahmed, learned counsel for the appellant and Mr. K.K.Das, learned Additional Public Prosecutor, Assam for the sole respondent.

2. This is an appeal filed under Section 374(2) of the Code of Criminal Procedure, Page No.# 2/2

1973 corresponding to Section 415(2) of the BNSS, 2023 assailing the impugned judgment and order dated 11.11.2024 passed by the learned Sessions Judge, Chirang, Kajalgaon in Sessions Case No. 09/2024 whereby the accused/appellant was convicted under Section 326 IPC and was sentenced to undergo Rigorous Imprisonment for 5 (five) years and to pay a fine of Rs. 1,00,000/- (Rs. One Lacs only) and in default, to suffer further imprisonment for 6 (six) months.

3. Admit the appeal.

4. Call for the records of aforesaid Sessions Case No. 09/2024.

5. Issue notice, returnable by after 4 (four) weeks.

6. As Mr. K.K.Das, learned Additional Public Prosecutor, Assam accepts notice on behalf of the sole respondent, no formal notice need to be issued to the aforesaid respondent.

7. List this matter after 4 (four) weeks on a date to be fixed by the Registry.

JUDGE

Comparing Assistant