Citation : 2025 Latest Caselaw 2502 Gua
Judgement Date : 30 January, 2025
Page No.# 1/2
GAHC010004672025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/9/2025
AFARJAN KHATUN
D/O- EMAN ALI, RESIDENT OF VILLAGE- HATIPOTA, DHALLIGAON, PS-
KAJALGAON, DIST.- CHIRANG, ASSAM.
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM.
2:ISMAIL HUSSAIN
S/O. MD. ABJAN HUSSAIN
R/O. HATIPOTA
DHALIGAON
P/S. DHALIGAON
DIST. CHIRANG
ASSAM
Advocate for the Petitioner : MR. K P PATHAK,
Advocate for the Respondent : PP, ASSAM,
BEFORE
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
30-01-2025
1. Heard Mr. K.P. Pathak, learned counsel for the appellant and Mr. P. Borthakur, learned Page No.# 2/2
Additional Public Prosecutor, Assam for the respondent.
2. This is an appeal preferred from the jail by the appellant/accused who has been convicted under Section 365 IPC and has been sentenced to undergo Rigorous Imprisonment for 3 (three) years with a fine of Rs. 10,000/-, in default of payment of fine, to undergo further imprisonment for 3 (three) months in terms of the judgment and order dated 07.08.2024 passed by the learned Sessions Judge, Chirang, Kajalgaon in Sessions Case No. 24/2024.
3. Perused the impugned judgment and order dated 07.08.2024.
4. Admit the appeal.
5. Call for the records of said Sessions Case No. 24/2024.
6. Issue notice, returnable after 4 (four) weeks.
7. As Mr. P. Borthakur, 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.
8. The appellant to take steps for issuance of notice upon the respondent No.2 by the registered post with A/D as well as usual process within a period of five days from today.
9. List accordingly.
JUDGE
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