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2024 Supreme(Gau) 82

KALYAN RAI SURANA, MRIDUL KUMAR KALITA
Ajimuddin Sikdar @ Ajim Ali Sikdar Barpeta – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Bikash Prasad.

JUDGMENT :

KALYAN RAI SURANA, J.

1. Heard Mr. B. Prasad, learned Legal Aid Counsel for the appellant and also heard Ms. S. Jahan, learned Additional Public Prosecutor appearing for the State of Assam.

2. As per the office note dated 16.08.2021, as well as order of this Court dated 01.10.2021, none appears on call despite service of notice on the respondent no. 2.

3. On receipt of this jail appeal from the appellant, as provided under Section 383 of the Code of Criminal Procedure, 1973 the present appeal has been registered.

4. By this appeal filed under section 374 Cr.P.C. the appellant-accused has assailed the judgment and sentence dated 30.01.2019 passed by the learned Additional Sessions Judge, Bajali, Pathsala in Special (POCSO) Case No. 4/2018. By the said judgment, the appellant was convicted of committing offence punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “POCSO Act” for short) and he was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- (Rupees Ten thousand only) and in default to suffer further rigorous imprisonment for 6 (six) months.

5. It may be mentioned that in this j

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