Gauhati High Court
Champak Borah vs The State Of Assam And Anr on 7 June, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010039952024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/54/2024
CHAMPAK BORAH
S/O-BUP CHANDRA BORAH, VILL-DAHUTIA, P.S.-PULBAR, DISTRICT-
JORHAT, ASSAM, PIN -785006
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:SMTI. BABITA BARUAH
W/O-SRI PRABHAT BARUAH
R/O-VILLAGE-DAHUTIA
P.S.-PULIBAR
DISTRICT-JORHAT
ASSA
Advocate for the Petitioner : MS P DAS
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 07.06.2024
[Manish Choudhury, J.]
Heard Ms. P. Das, learned Legal Aid Counsel for the accused-appellant and Ms. B.
Bhuyan, learned Senior Counsel & Additional Public Prosecutor assisted by Ms. R. Das,
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learned counsel for the respondent no. 1, State of Assam.
2. The instant criminal appeal under Section 374[2], CrPC has been preferred against the
Judgment and Order dated 12.10.2023 passed by learned Special Judge, Jorhat in Special
Case no. 93/2020, which arose out of Pulibor Police Station Case no. 639/2020 and G.R. Case
no. 3641/2020. By the Judgment and Order dated 12.10.2023, the accused-appellant has
been convicted for the offences under Section 4[2] and Section 8 of the Protection of Children
from Sexual Offences [POCSO] Act, 2012. For the offence under Section 4[2], POCSO Act,
2012, the accused-appellant has been sentenced to undergo rigorous imprisonment for a
period of 20 years and to pay a fine of Rs.10,000/-, in default of payment of fine, to undergo
rigorous imprisonment for a period of 1 year. For the offence under Section 8, POCSO Act,
2012, the accused-appellant has been sentenced to undergo rigorous imprisonment for a
period of 3 years and to pay a fine of Rs.10,000/-, in default of payment of fine, to undergo
rigorous imprisonment for a further period of 6 months. It has been ordered that the
sentences of imprisonment will run concurrently.
3. The appeal is admitted for hearing.
4. The case records of Special Case no. 93/2020 have already been received in deference
to order passed in I.A.[Crl.] no. 254/2024. The office is to prepare the Paper-Book
accordingly.
5. Issue notice, returnable in 4 [four] weeks.
6. As Ms. Das, learned counsel assisting Ms. Bhuyan, learned Additional Public Prosecutor,
Assam has appeared and accepted notice on behalf of the respondent no. 1, State of Assam,
issuance of formal notice to the respondent no. 1 is dispensed with. The learned counsel for the
accused-appellant shall furnish a copy of the memo of appeal along with annexures to Ms. R. Das
within 3 [three] working days from today.
7. As the Judgment and Order of conviction and sentence is inter alia under Section 4 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 mentioned 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
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State of Assam]. It is ordered accordingly. Such steps on behalf of the accused-appellant are to
be completed within one week from today.
8. The learned Additional Public Prosecutor shall obtain a report as regards service of notice
upon the respondent no. 2 from the Officer In-Charge, Pulibor Police Station on or before the
returnable date.
JUDGE JUDGE
Comparing Assistant
