Mukshed Ali vs The State Of Assam And Anr
2025 Latest Caselaw 9054 Gua

Gauhati High Court

Mukshed Ali vs The State Of Assam And Anr on 1 December, 2025

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GAHC010273272024




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

                                  Case No. : Crl.A./418/2025

            MUKSHED ALI
            S/O MD. ABDUL ALI,
            RESIDENT OF MIKIRGAON,
            PS MIKIRBHETA,
            DIST MORIGAON,
            ASSAM 782105

            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY PP, ASSAM

            2:XXX
             D/O SIRAJUL HOQUE
            RESIDENT OF VILLAGE TORAJAN
            PS MIKIRBHETA
            DIST MORIGAON

            ASSAM 78210

Advocate for the Petitioner   : MR A ATREYA, MS. C KALITA

Advocate for the Respondent : PP, ASSAM,

                                    BEFORE
                        HONOURABLE MR. JUSTICE PRANJAL DAS

                                           ORDER

Date : 01.12.2025

Heard Mr. A. Atreya, learned counsel for the appellant. Also heard Mr. K. Baishya, learned Public Prosecutor for the State/respondent No.1.

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This is an appeal under Section 415(2) of BNSS, 2023, against the impugned judgment and order dated 01.10.2024 passed by the learned passed by the learned Additional Sessions Judge cum Special Judge, (POCSO), Morigaon, in Special (POCSO) Case No. 201/2022, wherein the appellant was convicted under Section 8 of POCSO Act.

The appeal is admitted.

Issue notice.

The present application has arisen out of the POCSO Act; accordingly, the appellant shall take step regarding service of notice upon the respondent No. 2 as per the judgment of this Court passed in Dipak Nayak vs. State of Assam [Criminal Appeal(J) 40/2022].

No formal notice required to be served upon the respondent No.1 as because Mr. Baishya, Addl.P.P. has entered appearance.

Extra copy of the petition shall be provided to Mr. Baishya. Call for the original record pertaining to Special (POCSO) Case No. 201/2022, from the court of learned Additional Sessions Judge cum Special Judge, (POCSO), Morigaon. The Registry shall procure the same.

List the matter in the last week of January, 2026 on a date to be fixed by the Registry.

JUDGE

Comparing Assistant