High Court ordered that notice must be served to the victim/support person in POCSO appeals, remanding service to the prosecution, and listing the matter for follow-up.
Ordered service of criminal appeal copy to Investigating Officer, CWC, and Advocates General for notice to victim/support person.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC030004972022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./23/2022
C. Lalramchhana @G. Lalramchhana S/o C. Saithuama (L) R/o Vengthlang North, Champhai, Mizoram.
VERSUS
The State of Mizoram and Anr. r/b the Secretary to the Govt. of Mizoram, Home Department. 2:Support Person to Victim Champha
Advocate for the Petitioner : Mr A.R. Malhotra Advocate for the Respondent : Ms. Mary L. Khiangte, P.P./Addl.PP, Mizoram
Linked Case : I.A.(Crl.)/20/2022
C. Lalramchhana @G. Lalramchhana S/o C. Saithuama (L) R/o Vengthlang North Champhai Mizoram.
VERSUS
The State of Mizoram r/b the Secretary to the Govt. of Mizoram Home Department.
Advocate for the Petitioner : Mr A.R. Malhotra Advocate for the Respondent : P.P./Addl.PP Mizoram
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BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER
Date : 05.02.2024
This is an appeal under Section 374(2) CrPC against the impugned Judgment and Order dated 07.09.2022 and Sentence Order dated 12.09.2022 passed by the Special Judge, POCSO Act, Champhai.
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List the matter after two weeks on a date fixed by the Registry.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether notice to the victim or support person is mandatory in criminal appeals under the POCSO Act.
Proper procedure for serving copies of criminal appeals to victims or their representatives in POCSO cases.
Colour shows how this judgement treated each authority
Dipak Nayak Vs. State of AssamRelied on¶19
Dipak Nayak Vs. State of Assam, Criminal Appeal (J) No. 40/2022
2 provisions across 2 enactments
C. Lalramchhana @G. Lalramchhana
State of Mizoram
Kaushik Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
