Gauhati High Court
Munu Bhumij vs The State Of Assam And Anr on 2 August, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010149252024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/66/2024
MUNU BHUMIJ
S/O LATE RANJI BHUMIJ,
VILL.- DINJAN T.E., P.S.- TINSUKIA, DIST.- TINSUKIA, ASSAM, PIN- 786125.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE P.P., ASSAM.
2:BINITA MUDHIMAR
W/O CHAMA MUDHUMAR
R/O SILIKHA BORHAPJAN
P.S.- DUMDOMA
DIST.- TINSUKIA
ASSAM
PIN- 786125
Advocate for the Petitioner : MR J DAS (LEGAL AID COUNSEL),
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 02.08.2024 [Manish Choudhury, J] Heard Mr. J. Das, learned Legal Aid Counsel for the accused-appellant and Ms. A. Begum, Page No.# 2/3 learned Additional Public Prosecutor for the respondent no. 1, State of Assam.
2. This criminal appeal under Section 415[2] of the Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred against a Judgment and Order dated 10.06.2024 passed by the Court of learned Special Judge [POCSO], Tinsukia in POCSO Case no. 67/2023, arising out of Tinsukia Police Station Case no. 307/2023. By the Judgment and Order dated 10.06.2024, the accused-appellant has been found guilty of the offence punishable under Section 4 [1], Protection of Children from Sexual Offences [POCSO] Act, 2012 and also for the offence under Section 376, Indian Penal Code [IPC]. In view of Section 42, POCSO Act, 2012, the accused-appellant has been sentenced under Section 4 [1], POCSO Act, 2012 to undergo rigorous imprisonment for 20 years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo simple imprisonment for 4 [four] months.
3. The criminal appeal is admitted for hearing.
4. The case records of POCSO Case no. 67/2023 be called for.
5. Issue notice, returnable in 4 [four] weeks.
6. As Ms. Begum, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent no. 1, State of Assam, issuance of formal notice to the respondent no. 1, stands dispensed with. However, an extra copy of the memo of appeal along with annexures, is to be furnished to Ms. Begum within 3 [three] working days from today.
7. As the offence involved is Section 4 of the Protection of Children from Sexual Offences [POCSO] Act, 2012, steps for service of notice upon the respondent no. 2/informant/victim/guardian of the victim are required to be taken in terms of the Practice Direction laid down in the Notification no. 17 dated 15.03.2024 and the Order dated 23.06.2023 passed in Crl.A.[J] no. 40/2022 [Dipak Nayak vs. The State of Assam]. It is observed accordingly.
8. The learned Legal Aid Counsel shall take steps for service of notice upon the respondent no. 2, by furnishing a copy to the office of the Public Prosecutor within 3 [three] working days from today.
9. The learned Additional Public Prosecutor is to obtain a report of service of notice upon the respondent no. 2 from the Officer In-Charge, Tinsukia Police Station on or before the returnable date.
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10. List the case after 4 [four] weeks.
JUDGE JUDGE Comparing Assistant