Citation : 2025 Latest Caselaw 4891 Gua
Judgement Date : 21 May, 2025
Page No.# 1/3
GAHC010033322025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/30/2025
SATRUGHAN MAJHI
S/O. SRI PARASHNATH MAJHI, R/O. BIJOY BAZAR, LALGANJ, P/S. RUPALI,
DIST. PURNIA, BIHAR.
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM.
2:LILAWATI DEVI
D/O. SRI RANA SAHANI
R/O. MITHA AAM KHUTI PATHAR
P/S. DHOLLA
DIST. TINSUKIA
ASSAM
Advocate for the Petitioner : MRS. P B BORDOLOI, FOR LEGAL AID
Advocate for the Respondent : PP, ASSAM,
Linked Case : I.A.(Crl.)/193/2025
SRI SATRUGHAN MAJHI
S/O. SRI PARASHNATH MAJHI
R/O. BIJOY BAZAR
LALGANJ
P/S. RUPALI
DIST. PURNIA
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BIHAR.
VERSUS
THE STATE OF ASSAM
REP. BY THE PP
ASSAM.
2:LILAWATI DEVI
D/O. SRI RANA SAHANI
R/O. MITHA AAM KHUTI PATHAR
P/S. DHOLLA
DIST. TINSUKIA
ASSAM.
------------
Advocate for : MRS. PURNIMA BARUAH BORDOLOI
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER
Date : --21.05.2025 [M. Choudhury, J]
Heard Ms. P.B. Bordoloi, learned Legal Aid Counsel for the accused-appellant and Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent no. 1, State of Assam.
2. This criminal appeal under Section 415[2], Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred against a Judgment & Order dated 18.12.2024 passed by the Court of learned Special Judge [POCSO] Tinsukia in POSCO Case no. 57/2023, arising out of Dhola Police Station Case no. 12/2023. By the Judgment and Order dated 18.12.2024, the accused- appellant has been convicted for the offence under Section 376 [1] of the Indian Penal Code. The accused-appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/-. We have gone through the contents of the memorandum of appeal.
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3. The criminal appeal is admitted for hearing.
4. The case records of POSCO Case no. 57/2023 be called for.
5. Issue notice, returnable in 4 [four] weeks.
6. As Mr. Kaushik, learned Additional Public Prosecutor, Assam has appeared and accepted notice on behalf of the respondent no. 1, State of Assam, issuance of formal notice in respect of the said respondent stands dispensed with. The learned Legal Aid Counsel for the accused-appellant shall, however, be furnished an extra copy of the memo of appeal along with annexures, to Mr. Kaushik within 3 [three] working days from today.
7. The appellant shall take steps for service of notice upon the respondent no. 2 by registered post with A/D within 3 [three] working days from today.
8. List the case after 4 [four] weeks.
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