Prasanna Dihingia vs The State Of Assam And Anr
2024 Latest Caselaw 4814 Gua

Gauhati High Court

Prasanna Dihingia vs The State Of Assam And Anr on 15 July, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                        Page No.# 1/3

GAHC010129742024




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Crl.A./204/2024

            PRASANNA DIHINGIA
            S/O LATE RUPESHWAR DIHINGIA,
            R/O BISHNU NAGAR, P.S.- MAKUM, DIST.- TINSUKIA, ASSAM, PIN- 786170.


            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE P.P., ASSAM.

            2:JAHNASHRI SAIKIA BORA
            W/O PANKAJ BORA
             R/O BISHNU NAGAR
             P.S.- MAKUM
             DIST.- TINSUKIA
            ASSAM
             PIN- 786170

Advocate for the Petitioner   : MR. P DOWARAH

Advocate for the Respondent : PP, ASSAM




                                      BEFORE
                     HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                    HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

Date : 15.07.2024 [M. Choudhury, J]

Heard Mr. W.R. Medhi, learned counsel for the accused-appellant and Ms. A. Page No.# 2/3

Begum, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

2. This criminal appeal under Section 374[2], Code of Criminal Procedure, 1973 is directed against a Judgment and Order dated 29.04.2024 passed by the court of learned Special Judge [POCSO], Tinsukia in POCSO Case no. 126/2022, arising out of Makum Police Station Case no. 60/2022. By the Judgment and Order dated 29.04.2024, the accused-appellant has been found guilty of the offence under Section 6 of the Protection of Children from Sexual Offences [POCSO] Act, 2012 and for the offence under Section 376AB, Indian Penal Code. In view of the provisions contained in Section 42 of the POCSO Act, 2012, the accused-appellant has been sentenced under Section 6, POCSO Act, 2012 to undergo rigorous imprisonment for 20 [twenty] years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo simple imprisonment for another 4 [four] months.

3. The appeal is admitted for hearing.

4. The case records of POCSO Case no. 126/2022, 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, issuance of formal notice is dispensed with. The learned counsel for the accused-appellant shall furnish a copy of the memo of appeal along with annexures to Ms. Begum within 2 [two] working days from today.

7. As the Judgment and Order of conviction and sentence is under Section 6 Page No.# 3/3

of the POCSO Act, 2012, the accused-appellant is required to take steps for service of notice upon the respondent no. 2 in terms of the Practice Directions 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 accordingly ordered. The requisite steps are to be taken by the accused-appellant within a period of 1 [one] week from today.

8. The learned counsel for the accused-appellant shall take steps for service of notice upon the respondent no. 2/informant by serving a copy of the notice 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 as regards service of notice upon the respondent no. 2 from the Officer In-Charge, Makum Police Station on or before the returnable date.

                                    JUDGE               JUDGE




Comparing Assistant