Chandra Sharma vs The State Of Assam
2025 Latest Caselaw 1666 Gua

Gauhati High Court

Chandra Sharma vs The State Of Assam on 1 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                           Page No.# 1/3

GAHC010141712025




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

                                 Case No. : Crl.A./267/2025

            CHANDRA SHARMA
            S/O. LT. NARAHARI SHARMA, R/O. P.P ROAD, HAWELIA RESIDENCY, P/S.
            PALTAN BAZAR, KAMRUP (M), ASSAM, PIN-781008

            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PP, ASSAM.

            2:NITIN JAIN
             S/O. LT. DHANYA KUMAR JAIN
             RESIDENT OF H/NO. 4A
             JAINAM ENCLAVE
             SANTIRAM DAS PATH
             REHABARI-781008
             P/S. PALTAN BAZAR
             DIST. KAMRUP (M)
            ASSAM

Advocate for the Petitioner   : MR H BETALA, S BORO,P K KHAKHOLIA

Advocate for the Respondent : PP, ASSAM,


                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 01.08.2025

Heard Mr. H. Betala, learned counsel for the appellant and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent no. 1, State of Page No.# 2/3

Assam.

2. This criminal appeal under Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred against a Judgment and Order dated 15.05.2025 passed by the Court of learned Additional Sessions Judge-cum-Special Judge [POCSO], Kamrup [M], Guwahati ['the Special Court', for short] in Sessions Special Case no. 193/2023, arising out of Paltan Bazar Police Station Case no. 228/2023. By the Judgment and Order dated 15.05.2025, the accused-appellant has been convicted for the offence under Section 8, Protection of Children from Sexual Offences [POCSO] Act, 2012 and he has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for a period of six months.

3. I have gone through the contents of the memorandum of appeal.

4. The criminal appeal is admitted for hearing.

5. The case records of Sessions Special Case no. 193/2023 be called for.

6. Issue notice, returnable on 01.09.2025.

7. As Mr. Goswami, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent no. 1, issuance of formal notice to the respondent no. 1 is dispensed with. However, an extra copy of the memo of appeal along with annexures, is to be furnished to Mr. Goswami within 2 [two] working days from today.

8. The accused-appellant shall take steps for service of notice upon the respondent no. 2/informant, in terms of the Practice Directions laid down in the Page No.# 3/3

Notification no. 17 dated 15.03.2024.

9. The learned Additional Public Prosecutor shall obtain a report from the Officer In-Charge, Paltan Bazar Police Station as regards the service of notice upon the respondent no. 2/informant and place the same before this Court on or before the returnable date.

10. List the case on 01.09.2025.

JUDGE

Comparing Assistant