Page No. 1/3 vs The State Of Assam And Anr
2025 Latest Caselaw 4733 Gua

Gauhati High Court

Page No. 1/3 vs The State Of Assam And Anr on 20 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                       Page No. 1/3

GAHC010184082025




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

                                Case No. : CRL.A(J)/132/2025

            JIYARUL ISLAM AND ANR.
            S/O. JALAL UDDIN

            2: HASINA BEGUM @ KHATUN
             D/O. JALAL UDDIN
             BOTH ARE R/O. VILL.- KALAKUCHI JUNGLE BASTI
             P/S. MISSAMARI
             DIST. SONITPUR
            ASSAM
             PIN-784149

            VERSUS

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

            2:IMAN ALI
             S/O. LT. AFTAR ALI
             R/O. VILL.- PARALIGURI
             P/S. MIKIRBHETA
             DIST. MORIGAON
            ASSAM
             PIN-784110

Advocate for the Petitioner   : MR J DAS, FOR LEGAL AID

Advocate for the Respondent : PP, ASSAM,
                                                                                     Page No. 2/3


                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                            ORDER

Date : 20.08.2025

Heard Mr. J. Das, learned Legal Aid Counsel for the accused-appellant and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the respondent, State of Assam.

2. The two appellants have preferred the instant criminal appeal under Section 415[2], Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 to assail a Judgment and Order dated 18.06.2025, passed by the Court of learned Additional Sessions Judge-Cum-Special Judge [POCSO], Morigaon ['the Special Court', for short] in POCSO Case no. 132/2024, which arose out of Mikirbheta Police Station Case no. 119/2024.

3. By the Judgment and Order dated 18.06.2025, the accused-appellant no. 1 has been convicted for the offences under Section 6 of the Protection of Children from Sexual Offences [POCSO] Act, 2012 and Section 87, Bharatiya Nyaya Sanhita [BNS], 2023. For the offence under Section 6 of the POCSO Act, the accused-appellant no. 1 has been sentenced to undergo rigorous imprisonment for twenty years and to pay a fine of Rs. 30,000/- with default stipulation. For the offence under Section 87, BNS, he has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 10,000/-, with default stipulation.

4. On the other hand, the accused-appellant no. 2 has been convicted for the offence under Section 96, BNS and she has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 10,000/-, with default stipulation.

5. As the accused-appellant no. 1 has been sentenced to undergo rigorous imprisonment for twenty years, the appeal in respect of accused-appellant is to be heard by Division Bench, as per the Notification dated 17.09.2019.

6. The Registry to examine the matter and thereafter, list the appeal before the appropriate bench.

JUDGE

Comparing Assistant