Sri Sunil Proja vs State Of Assam And Others
2025 Latest Caselaw 1140 Gua

Gauhati High Court

Sri Sunil Proja vs State Of Assam And Others on 19 July, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                               Page No. 1/3

GAHC010131472025




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

                                 Case No. : CRL.A(J)/95/2025

            SRI SUNIL PROJA
            S/O SRI SANJAY PROJA, R/O VILL RAJGARH T.E LINE NO. 09, P.S. BORDUBI,
            DISTRICT- TINSUKIA, ASSAM, PIN 786151

            VERSUS

            STATE OF ASSAM AND OTHERS
            REP BY THE PP, ASSAM

            2:SMTI GEETANJALI KARMAKAR
            W/O SRI MEGHU KARMAKAR R/O VILL RAJGARH
            T.E LINE NO. 09
             P.S. BORDUBI
             DISTRICT TINSUKIA
             PIN 78615

Advocate for the Petitioner   : MS FARHANA INTAZ,

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 under Section 415[2], Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred against a Judgment and Order dated 25.11.2024, passed by the Court of learned Special Judge [POCSO], Tinsukia in POCSO Case no. 25/2024, which arose out of

Bordubi Police Station Case no. 158/2023. By the said Judgment and Order, the accused- appellant has been found guilty for the offences under Section 4[2] of the Protection of Children from Sexual Offences [POCSO] Act, 2012 and Section 376[3] of the Indian Penal Code [IPC]. In view of Section 42 of the POCSO Act, the accused-appellant has been sentenced under Section 4[2], POCSO Act to undergo rigorous imprisonment for twenty years and to pay a fine of Rs. 10,000/-, with default stipulation.

2. We have gone through the contents of the memo of appeal.

3. The criminal appeal is admitted for hearing.

4. The case records of POCSO Case no. 25/2024 be called for.

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

6. As Ms. Bhuyan has appeared and accepted notice on behalf of the respondent no. 1, State of Assam, issuance of formal notice in respect of the said respondent stands dispensed with. The learned counsel for the appellant shall, however, be furnished an extra copy of the memo of appeal along with annexures, to Ms. Bhuyan within 3 [three] working days from today.

7. The accused-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.

8. The learned Additional Public Prosecutor shall obtain a report from the Officer In- Charge, Bordubi Police Station as regards the service of notice upon the respondent no. 2- informant, to the same before the Court on the returnable date.

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

10. The name of Ms. N. Hasan, learned Amicus Curiae for the accused-appellant be reflected in the appellant's side in the Cause-List.

                                                       JUDGE               JUDGE




Comparing Assistant