Sri Sakhi Charan Biswas vs State Of Assam And Others
2025 Latest Caselaw 1129 Gua

Gauhati High Court

Sri Sakhi Charan Biswas vs State Of Assam And Others on 18 July, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010134932025




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

                                Case No. : CRL.A(J)/93/2025

            SRI SAKHI CHARAN BISWAS
            S/O LATE NIBARAN BISWAS, RO ALIPUR GAON UNDER SILAPATHAR , PS
            AND DIST DHEMAJI ASSAM



            VERSUS

            STATE OF ASSAM AND OTHERS
            REP BY THE PP, ASSAM

            2:SRI CHANDAN MANDAL
             RO ALIPUR GAON UNDER SILAPATHAR
             PS AND DIST DHEMAJI ASSA

Advocate for the Petitioner   : UJJAL CHOUDHURY,

Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
                 HONOURABLE MR. JUSTICE MANISH CHOUDHURY
              HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

                                           ORDER

Date : 18.07.2025 [M. Choudhury, J]

Ms. A. Begum, learned Additional Public Prosecutor for the respondent no. 1, State of Assam is present.

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2. This criminal appeal under Section 415[2] of the Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred against a Judgment and Order dated 26.03.2025 passed by the Court of learned Special Judge [POCSO], Dhemaji in Special [POCSO] Case no. 30/2022, which arose out of Silapathar Police Station Case no. 477/2021. By the Judgment and Order dated 26.03.2025, the appellant on being convicted for the offence under Section 6 of the Protection of Children from Sexual Offences Act, 2012, has been sentenced to undergo rigorous imprisonment for 30 years and to pay a fine of Rs. 30,000/-, in default of payment of fine, to undergo rigorous imprisonment for 2 years.

3. We have gone through the contents of the memorandum of appeal.

4. The criminal appeal is admitted for hearing.

5. The case records of Special [POCSO] Case no. 30/2022 be called for.

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

7. As Ms. Begum, 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 Ms. Begum within 3 [three] working days from today.

8. The 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 within 3 [three] working days from today.

9. The learned Additional Public Prosecutor shall obtain a report from the Officer In-Charge, Silapathar Police Station as regards the service of notice upon Page No.# 3/3

the respondent no. 2/informant and place the same before this Court on the returnable date.

10. List the matter after 4 [four] weeks.

11. The name of Mr. U. Choudhury, learned Legal Aid Counsel for the appellant is to be reflected in the appellant's side in the Cause-List.

                                    JUDGE                       JUDGE




Comparing Assistant