Citation : 2025 Latest Caselaw 2526 Gua
Judgement Date : 30 January, 2025
Page No.# 1/3
GAHC010266932024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./439/2024
JAHIDUR RAHMAN
S/O. KHALILUR RAHMAN, R/O. VILL. SILAIRPAR PART-I, P/S. GAURIPUR,
DIST. DHUBRI, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM.
2:AMINUR KAZI
S/O. SABDER KAZI
S/O. SILAIRPAR NO.1
P/S. GAURIPUR
DIST. DHUBRI
ASSAM
PIN-783331
Advocate for the Petitioner : MR P K DAS, MR. M BARUAH
Advocate for the Respondent : PP, ASSAM,
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BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 30.01.2025
Heard Mr. P. K. Das, learned counsel for the appellant. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent No. 1.
This is an appeal under Section 415(2) of BNSS, 2023 against the impugned judgment and order dated 20.11.2024, passed by the learned Special Judge, Dhubri in Special Case No. 167/2021, arising out of Gauripur P.S. Case No. 1106/2021, whereby the appellant has been convicted under Section 8 of POCSO Act, 2012 and to suffer R.I. for 4 (four) years and to pay fine of Rs. 5,000/- only, in default of payment of fine to undergo S.I. for 2 (two) months.
Admit.
Since Mr. Das, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of State respondent No. 1, no formal notice is required to be issued to the said respondent. However, he shall be provided with requisite extra-copy of the memo of appeal, if not already furnished, during the course of the day.
Steps for service of notice on respondent No. 2 be taken by registered post with A/D as well as through usual process within a week from today.
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Also, call for the LCR.
List the matter after 4 (four) weeks.
JUDGE
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