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2024 Supreme(Gau) 124

KALYAN RAI SURANA, MALASRI NANDI
Budheswar Hazarika S/o Late Sison Hazarika – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS S SHARMA

JUDGMENT :

K.R. Surana, J

Heard Ms. S. Sharma, learned legal aid counsel for the appellant. Also heard Ms. B. Bhuyan, learned senior counsel and Addl. P.P. for the State, assisted by Ms. P. Bora, learned counsel, as well as Ms. B.R.A. Sultana, learned legal aid counsel for the informant i.e. respondent no.2.

2. The appellant has filed this appeal from jail as per the provisions of section 383 of the Cr.P.C. By filing this appeal under section 374(2) of the Cr.P.C., the appellant has assailed the judgment dated 09.03.2022, and sentence dated 11.03.2022, passed by the learned Special Judge, POCSO, Golaghat, thereby convicting the appellant for committing offence punishable under section 6 of the POCSO Act. The appellant was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/-, in default to suffer rigorous imprisonment for a period of 3 (three) months for the offence under section 6 of the POCSO Act, 2012.

3. On 29.12.2020, Atulya Krishna Das gad lodged an FIR before the Officer-in-Charge of Golaghat Police Station to the effect that the appellant, his minor daughter and son were living in his rented house since last three years and the women in the neighbo

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