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2022 Supreme(Gau) 210

SUMAN SHYAM, MALASRI NANDI
Kumar Ali @ Komar Ali S/O Late Samser Ali – Appellant
Versus
State of Assam and Anr. Represented by The Public Prosecutor, Assam – Respondent


Advocates Appeared:
For the Appellants : Mr. A. Ahmed.
For the Respondents: Ms. B. Bhuyan, Addl. P.P., Assam Mr. I. Ahmed

JUDGEMENT :

Malasri Nandi, J.

1. Heard Mr. A. Ahmed, learned Counsel for the appellant. We have also heard Ms. B. Bhuyan, learned Addl. P.P. Assam appearing for the State and Mr. I. Ahmed, learned Counsel for the informant/respondent No. 2.

2. Both the Criminal Appeals Vide No-19/2020 and Criminal Appeal No-21/2020 arise from the same incident, FIR and judgment, thus, are being disposed of together.

3. The Criminal Appeal No-21/2020 was filed by the accused Sahidul Ali against the Judgment passed by Learned Special Judge/Sessions Judge, Nalbari, dated 21.12.2019 in Special (P) Case No. 36/2015 convicting the accused/appellant Sahidul Ali under section 147/448/395/149/376(2)(i) IPC read with section 6 of POCSO Act and to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/-in default simple imprisonment for 6 months for committing the offence under section 376(2)(i) IPC as well as under section 6 of Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act) for each of the offence and also to undergo simple imprisonment for one year and to pay a fine of Rs.1000/-in default simple imprisonment for one month for committing the offence u/s 147 IPC and also

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