Gauhati High Court
Jitu Das @ Jitumoni Das vs The State Of Assam And Anr on 1 August, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010156602025
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/107/2025
JITU DAS @ JITUMONI DAS
SON OF GOPAL DAS, RESIDENT OF VILLAGE GEETANAGAR, P/S. AND
DIST. MORIGAON, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE PP ASSAM
2:PABITRA SARMA
SON OF LATE BINDA SARMA
R/O PACHATIA GAON
P/S. AND DIST. MORIGAON
ASSA
Advocate for the Petitioner : MS B R A SULTANA, FOR LEGAL AID
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 01.08.2025
Heard Ms. B.R.A. Sultana, learned Legal Aid Counsel for the appellant and
Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent no. 1,
State of Assam.
Page No.# 2/3
2. This criminal appeal under Section 415 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 is preferred against a Judgment and Order dated 17.05.2025
passed by the Court of learned Additional Sessions Judge-cum-Special Judge
[POCSO], Morigaon ['the Special Court', for short] in POCSO Case no. 87/2019,
arising out of Morigaon Police Station Case no. 309/2019. By the Judgment and
Order dated 17.05.2025, the accused-appellant has been convicted for the
offence under Section 4 of Protection of Children from Sexual Offences [POCSO]
Act, 2012 and he has been sentenced to undergo rigorous imprisonment for ten
years and to pay a fine of Rs. 10,000/- in default of payment of fine, to undergo
further rigorous imprisonment for three months. In addition, the accused-
appellant is also convicted under Section 8, POCSO Act 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 one month. The sentences are ordered to run concurrently.
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 POCSO Case no. 87/2019 be called for.
6. Issue notice, returnable in 4 [four] weeks.
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.
Page No.# 3/3
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
Notification no. 17 dated 15.03.2024.
9. The learned Additional Public Prosecutor shall obtain a report from the
Officer In-Charge, Morigaon 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 after 4 [four] weeks.
JUDGE
Comparing Assistant
