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2023 Supreme(Gau) 1009

SUSMITA PHUKAN KHAUND
Jon Sing Engti Kathar S/o Joy Sing Engti Kathar – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ALHAJJ I UDDIN
For the Respondent: MR. D DAS(ADDL.PP, ASSAM)

JUDGMENT :

1. Heard Mr. A.I. Uddin, learned counsel for the petitioner and Mr. D. Das, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1.

2. The petitioner in this case is Jon Sing Engti Kathar and the respondents are the State of Assam and the victim ‘X’. The petitioner has filed this criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) read with Article 227 of the Constitution of India challenging the legality and propriety of the order dated 10.04.2023 passed by the learned Special Judge, (POCSO), Karbi Anglong in connection with POCSO Case No. 7 of 2021, corresponding to G.R. Case No. 224/2021, arising out of Diphu P.S. Case No. 118 of 2021 registered u/s 376(3) of the Indian Penal Code, 1860 (IPC for short) read with Sections 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act for short).

3. It is submitted that an FIR was lodged by the respondent No. 2, Ishta Terangpi, Centre Administrator of Centre of Sakhi One Stop Centre, Karbi Anglong contending inter alia that a girl named ‘X’ (name withheld), aged 15 years was sexually assaulted and ment

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