Citation : 2025 Latest Caselaw 2643 Gua
Judgement Date : 11 August, 2025
Page No.# 1/2
GAHC010152022025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./250/2025
PRADIP SONA
S/O. LT. LUISH SONA, R/O. VILL.- NO. 2, DHANSHRI, T.E. LINE NO. 7, P/S.
MAZBAT, DIST. UDALGURI, ASSAM, PIN-784507.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE PP, ASSAM.
2:SUKASHI KONDHO
W/O. RAMESH KONDHO
VILL. LALPANI
P/O. PATHAK PUR
P/S. MAZBAT
DIST. UDALGURI
ASSAM
PIN-784507
Advocate for the Petitioner : K U AHMED,
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
11.08.2025
Heard Mr. K.U. Ahmed, learned counsel for the appellant and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.
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This criminal appeal under Section 415[2], Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is directed against a Judgment dated 30.04.2025 and an Order on sentence dated 02.05.2025 passed by the Court of learned Special Judge, Udalguri in Special POCSO Case no. 55/2024. By the Judgment and Order on sentence, the appellant has been convicted for the offence under Section 8 of Protection of Children from Sexual Offences [POCSO] Act and he has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 20,000/- with default stipulation.
I have gone through the grounds urged in the memorandum of appeal. The criminal appeal is admitted for hearing.
Let the case records of Special POCSO Case no. 55/2024 be called for. Issue notice, returnable in 4 [four] weeks.
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. The learned counsel for the appellant shall furnish requisite an extra copy of the criminal appeal along with the annexures, to Mr. Goswami within 3 [three] working days from today.
The appellant shall take steps for service of notice upon the respondent no. 2-informant in terms of the Practice Direction laid down in the Notification no. 17 dated 15.03.2024.
The learned Additional Public Prosecutor shall obtain a report from the Officer In-Charge, Udalguri Police Station as regards the service of notice upon the respondent no. 2-informant and place the same before the Court on or before the returnable date.
List the case after 4 [four] weeks.
JUDGE
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