Gauhati High Court
Mohan Boro Bordoloi vs The State Of Assam And Anr on 7 August, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010144612024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./236/2024
MOHAN BORO BORDOLOI
S/O ROSTO BORDOLOI, R/O CHARALBASTI, P.S.- MIKIRBHETA, DIST.-
MORIGAON, ASSAM, PIN-
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE P.P., ASSAM
2:DEBOJANI BORDOLOI
W/O KHANESWAR BORDOLOI
R/O BHUMURAGURI
P.S.- MIKIRBHETA
DIST.- MORIGAON
ASSAM
Advocate for the Petitioner : MR D K BHATTACHARYYA, MR A ATREYA
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 07.08.2024
[Manish Choudhury, J]
Heard Mr. D.K. Bhattacharyya, learned counsel for the accused-appellant and Mr. K.K. Das,
learned Additional Public Prosecutor for the respondent no. 1, State of Assam.
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2. This criminal appeal under Section 415[2] of the Bharatiya Nagarik Suraksha Sanhita, 2023 is
preferred against a Judgment and Order dated 08.02.2024 passed by the Court of learned Additional
Sessions Judge-cum-Special Judge [POCSO], Morigaon ['Special Court', for short] in POCSO Case
no. 13/2023, arising out of Mikirbheta Police Station Case no. 05/2023. By the Judgment and Order
dated 08.02.2024, the accused-appellant has been found guilty for committing offences punishable
under Section 376AB, Indian Penal Code [IPC] read with Section 6, Protection of Children from
Sexual Offences [POCSO] Act, 2012. The accused-appellant has been also convicted for the offence
under Section 10, POCSO Act, 2012, Section 448 and Section 506 of the IPC. In view of Section 42,
POCSO Act, 2012, the accused-appellant has been sentenced under Section 6, 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 further rigorous imprisonment for 3 [three] months. For the other offence, the accused-
appellant has been imposed deferent terms of punishment.
3. We have perused the contents of the memorandum of appeal and the grounds urged therein.
4. The criminal appeal is admitted for hearing.
5. The case records of POCSO Case no. 13/2023 be called for.
6. Issue notice, returnable in 4 [four] weeks.
7. As Mr. Das, 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 Mr. Das within 3 [three] working days from today.
8. As the offence involved is Section 6 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.
9. The learned counsel for the accused-appellant shall take steps for service of notice upon the
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respondent no. 2, by furnishing a copy to the office of the Public Prosecutor within 3 [three] working
days from today.
10. The learned Additional Public Prosecutor is to obtain a report of service of notice upon the
respondent no. 2 from the Officer In-Charge, Mikirbheta Police Station on or before the returnable
date.
11. List the case after 4 [four] weeks.
JUDGE JUDGE
Comparing Assistant
