Goutam Choura vs The State Of Assam
2024 Latest Caselaw 5012 Gua

Gauhati High Court

Goutam Choura vs The State Of Assam on 22 July, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                              Page No.# 1/3

GAHC010067862024




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

                                   Case No. : CRL.A(J)/33/2024

            GOUTAM CHOURA
            S/O- LATE BUDHU CHOURA, R/O- DINJAN, P.S. AND DIST. TINSUKIA,
            ASSAM



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE P.P., ASSAM



Advocate for the Petitioner   :X

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                    HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                            ORDER

22.07.2024 [Manish Choudhury, J.]

This criminal appeal from Jail is directed against a Judgment and Order dated 08.12.2023 passed by the Court of learned Special Judge [POCSO], Tinsukia in POCSO Case no. 179/2022, arising out of Tinsukia Police Station Case no. 810/2022. By the Judgment and Page No.# 2/3

Order dated 08.12.2023, the Special Court has convicted the accused-appellant for the offence under Section 6 of the Protection of Children from Sexual Offences [POCSO] Act, 2012 and he has been sentenced to undergo rigorous imprisonment for 20 years [twenty] and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo simple imprisonment for further 4 [four] months.

2. The criminal appeal is admitted for hearing.

3. The case records of Tinsukia Police Station Case no. 810/2022 be called for.

4. Issue notice, returnable in 4 [four] weeks.

5. As Ms. Begum, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent no. 1, issuance of formal notice stands dispensed with.

6. As the offence involved is under 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.

7. The office to furnish a notice to the office of the Public Prosecutor, GHC within 1 [one] week for the purpose of serving it upon the informant/victim/guardian of the victim through the Officer In-Charge, Tinsukia Police Station. The learned Additional Public Prosecutor is to obtain and place a report of service of notice upon the informant/victim/guardian of the victim from the Officer In-Charge, Tinsukia Police Station on or before the returnable date.

8. To represent the case of the accused-appellant, we appoint Mr. Mrinmoy Dutta, from the panel of amicus curiae. Mr. Dutta, learned Amicus Curiae so appointed, is to be informed accordingly.

Page No.# 3/3

9. List the case after 4 [four] weeks.

                                 JUDGE      JUDGE




Comparing Assistant