Manish Praja @ Bhai vs The State Of Assam
2025 Latest Caselaw 1138 Gua

Gauhati High Court

Manish Praja @ Bhai vs The State Of Assam on 19 July, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                               Page No. 1/3

GAHC010134532025




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

                                     Case No. : CRL.A(J)/73/2025

            MANISH PRAJA @ BHAI
            S/O- LATE DHANURAM PRAJA, R/O- UJONI BARUAH CHANGMAI GAON,
            P.S. DEMOW, DIST. SIVASAGAR, ASSAM

            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner   : X,

Advocate for the Respondent : PP, ASSAM,




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

                                              ORDER

Date : 19.07.2025 [Manish Choudhury, J.]

This criminal appeal from Jail is against a Judgment and Order dated 28.06.2024 passed by the learned Additional Sessions Judge - cum - Special Judge [POCSO], Sivasagar ['the Special Court, for short] in Special [POCSO] Case no. 55/2023, which arose out of Demow Police Station Case no. 32/2023. By the Judgment and Order dated 28.06.2024, the accused-

appellant has been held guilty for the offences under Section 376[3], Indian Penal Code [IPC] and Section 4[2] of the Protection of Children from Sexual Offences [POCSO] Act, 2012. In view of Section 42, POCSO Act, the applicant-appellant has been sentenced under Section 4[2], POCSO Act to undergo rigorous imprisonment for a period of 20 years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo rigorous imprisonment for another six months.

2. We have heard Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor assisted by Ms. R. Das, learned counsel for the respondent no. 1, State of Assam.

3. The criminal appeal is admitted for hearing.

4. The case records of Special [POCSO] Case no. 55/2023 be called for.

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

6. As Ms. Bhuyan has appeared and accepted notice in respect of the respondent no. 1, issuance of formal notice in respect of the said respondent stands dispensed with.

7. In order to represent the accused-appellant, we deem it proper, in the interest of justice, to appoint Mr. Bikash Prasad, learned counsel from the penal of Amicus Curiae.

8. The Registry to inform Mr. Bikash Prasad, learned Amicus Curiae accordingly.

9. The Registry to prepare a notice upon the informant, who is impleaded herein as respondent no. 2 and thereafter , to submit the same to the office of the Public Prosecutor, Gauhati High Court. The learned Additional Public Prosecutor, in turn, has to serve the said notice upon the respondent no. 2-informant through the Officer In-Charge, Demow Police Station and thereafter, to place a copy of the service report before this Court on the returnable date.

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

                                            JUDGE     JUDGE




Comparing Assistant