Page No.# 1/2 GAHC010141232023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A./262/2023 JONALI KALITA D/O RAM BADAN KUMAR, W/O LATE DURLAV KALITA, VILL.- NO. 3 SUAGPUR, P.S.- GORESWAR, DIST.- BAKSA (BTAD), ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY P.P., ASSAM. 2:MAIKON KALITA W/O LATE NIRMAL KALITA R/O.- NO. 1 SUAGPUR P.S.- GORESWAR DIST.- BAKSA (BTAD) ASSAM Advocate for the Petitioner : MR B KAKATI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 23.07.2026 (M. Zothankhuma, J) Heard Mr. B. Kakati, learned counsel for the appellant. Also heard Ms. B. Page No.# 2/2 Bhuyan, learned Senior Counsel and Additional Public Prosecutor assisted by Ms. R. Saloi, learned counsel. Upon hearing the learned counsels for the parties and on perusal of the records, we are of the opinion that the Prosecution did not prove the charge framed against the appellant herein beyond all reasonable doubt. Therefore, the appellant would be entitled to the benefit of doubt. Accordingly, the appeal is allowed by setting aside the impugned judgment and order dated 29.05.2023 passed by the learned Sessions Judge, Baksa at Musalpur in Sessions Case No.59/2019 and the appellant namely Jonali Kalita, D/o Sri Ram Badan Kumar, W/o Late Durlav Kalita, R/o Village No.3, Suagpur, P.S.-Goreswar, District-Baksa (BTAD), Assam is acquitted of the charge under Section 302 IPC. Accordingly she is to be released from judicial custody forthwith. Detailed judgment will follow. JUDGE JUDGE Comparing Assistant