Abhijit Deka @ Abi vs The State Of Assam And Anr B
2025 Latest Caselaw 4193 Gua

Gauhati High Court

Abhijit Deka @ Abi vs The State Of Assam And Anr B on 18 March, 2025

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GAHC010009642025




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

                                 Case No. : CRL.A(J)/25/2025

            ABHIJIT DEKA @ ABI
            S/O SHRI HARESWAR DEKA, R/O BORPALAHA, P.S. BAIHATA CHARIALI,
            DISTRICT KAMRUP(ASSAM)



            VERSUS

            THE STATE OF ASSAM AND ANR B
            REPRESENTED BY THE PUBLIC PROSECUTOR

            2:BIMOLA DEKA(INFORMANT)
            W/O- AMIN DEKA

            VILL- BORPALAHA
            P.S.- BAIHATA CHARIALI
            DISTRICT- KAMRUP (ASSAM

Advocate for the Petitioner   : MR. S BISWAS,

Advocate for the Respondent : Ld. PUBLIC PROSECUTOR, ASSAM,
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                                BEFORE
                 HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                 ORDER

18.03.2025

Heard Mr. S. Biswas, learned Legal Aid Counsel for the appellant. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent.

This appeal is filed under Section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the Judgment and Order dated 14.07.2023, passed by the learned Additional Sessions Judge (FTC), Rangia, Kamrup, in Sessions Case No. 80/2018, whereby the appellant was convicted under Section 376(2)(i) and sentenced to rigorous imprisonment for 10 years along with a fine of Rs. 20,000/-. In default of payment of the fine, the appellant is to undergo rigorous imprisonment for another six months.

Admit.

Issue notice to the respondents, returnable in 4 (four) weeks.

Since Mr. Baruah, 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 petition during the course of the day, if not already furnished.

The learned counsel for the appellant shall take steps to serve notice upon respondent No. 2 through the jurisdictional Police Station, which shall be routed through the Registry and the Office of the Public Prosecutor. After the service of Page No.# 3/3

such notice, an affidavit to that effect shall be filed.

Also, call for the LCR from the learned Court below.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant