Jumarat Ali vs The State Of Assam And Anr
2025 Latest Caselaw 2568 Gua

Gauhati High Court

Jumarat Ali vs The State Of Assam And Anr on 7 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                          Page No.# 1/3

GAHC010172942025




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

                                  Case No. : Crl.A./298/2025

            JUMARAT ALI
            S/O. LT. SUNU ALI, R/O. VIL.- JENGONIKOTIA BONIABARI, P/O.
            SIVASAGAR, P/S. SIVASAGAR, DIST. SIVASAGAR, ASSAM, PIN-785640

            VERSUS

            THE STATE OF ASSAM AND ANR
            REP BY THE PP ASSAM

            2:SIMA BEGUM
            W/O. HABI ALI
             R/O. VIL.- BONIABARI ALIF NAGAR
             P/O. SIVASAGAR
             P/S. SIVASAGAR
             DIST. SIVASAGAR
            ASSAM
             PIN-78564

Advocate for the Petitioner   : MR. S A AHMED, MS. K DAS,MR. F A AHMED

Advocate for the Respondent : PP, ASSAM,




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 07.08.2025

Heard Mr. S.A. Ahmed, learned counsel for the appellant and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the respondent no. 1, State of Page No.# 2/3

Assam.

2. This criminal appeal under Section 415[2] of the Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred against a Judgment and Order dated 26.06.2025 passed by the Court of learned Additional Sessions Judge-cum- Special Judge [POCSO], Sivasagar ['the Special Court', for short] in Special [POCSO] Case no. 53/2023, arising out of Sivasagar Police Station Case no. 84/2023. By the Judgment and Order dated 26.06.2025, the accused-appellant has been convicted for the offence under Section 354A, Indian Penal Code [IPC] read with Section 10, Protection of Children from Sexual Offences [POCSO] Act, 2012. In view of Section 42 of the POCSO Act, the accused-appellant has been sentenced under Section 10, POCSO Act to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo rigorous imprisonment for further 6 months.

3. I have gone through the grounds urged in the memorandum of appeal.

4. The criminal appeal is admitted for hearing.

5. The case records of Special [POCSO] Case no. 53/2023 be called for.

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

7. As Mr. Kaushik, 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. Kaushik within 2 [two] working days from today.

8. The accused-appellant shall take steps for service of notice upon the Page No.# 3/3

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, Sivasagar 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