Kamal Rajbongshi vs The State Of Assam
2025 Latest Caselaw 1589 Gua

Gauhati High Court

Kamal Rajbongshi vs The State Of Assam on 30 July, 2025

Author: M. Zothankhuma

Bench: Michael Zothankhuma

                                                                        Page No.# 1/3

GAHC010127722022




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

                                 Case No. : CRL.A(J)/65/2022

            KAMAL RAJBONGSHI
            BAKSA, ASSAM.

            VERSUS

            THE STATE OF ASSAM
            REP. BY PP, ASSAM.

Advocate for the Petitioner   : MR. N J DUTTA (Amicus Curiae),

Advocate for the Respondent : PP, ASSAM,

             Linked Case : Crl.A./58/2022

            KAMAL RAJBONGSHI
            S/O SRI KRISHNA RAJBONGSHI

            RESIDENT OF DAKHIN KHAYERBARI

            PS SALBARI
            DIST BAKSA
            ASSAM


             VERSUS

            STATE OF ASSAM
            REPRESENTED BY PP ASSAM

            ------------
            Advocate for : MR. N K KALITA
            Advocate for : PP
            ASSAM appearing for STATE OF ASSAM
                                                                       Page No.# 2/3


                                 BEFORE
               HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                 HONOURABLE MR. JUSTICE ANJAN MONI KALITA

                                    ORDER

30.07.2025 (M. Zothankhuma, J)

Mr. N.J. Dutta, learned Amicus Curiae submits that he has been engaged for the appellant in Criminal Appeal(J) 65/2022.

Mr. N.K. Kalita, learned counsel for the same appellant submits that Criminal Appeal 58/2022 had been filed by the appellant and as such, there are two criminal appeals filed by the appellant, one from Jail and one through him. However, the file pertaining to the appeal filed by the appellant through him has been taken back by the appellant and as such, he would not be appearing for the appellant any longer.

On perusal of Criminal Appeal(J) 65/2022 and Criminal Appeal 58/2022, we find that the same appellant has filed two different appeals against the same impugned judgment and order dated 22.12.2021 passed by the Special Court, Baksa, Mushalpur in Special POCSO Case no.28/2020, arising out of Salbari P.S. Case No.76/2020 under Section 498(A) IPA read with Section 4 of POCSO Act.

We find that the appellant has challenged his conviction by the Special Court in the above matter under Section 4(2) of the POCSO Act, whereby he has been sentenced to undergo rigorous imprisonment for 20 (twenty) years with a fine of Rs.10,000/-, in default of fine to suffer simple imprisonment for 6 (six) months.

We also find that the Paper Book has been prepared. As the issue to be Page No.# 3/3

decided can be decided only in one appeal, we are of the view that Criminal Appeal 58/2022 should be closed and the challenge to the impugned judgment and order dated 22.12.2021 passed in Special POCSO Case no.28/2020 could be decided in Criminal Appeal(J) 65/2022. Accordingly, Criminal Appeal 58/2022 stands closed.

We also find that no Notice has been issued to the victim or the guardian of the victim in both the appeals filed by the same appellant. Accordingly, in terms of the order passed in Criminal Appeal(J) 65/2022, we issue Notice to the mother/guardian of the victim, to be served through the P.P's office and the O.C. of the concerned police station.

Registry to provide a copy of this order along with the appeal petition to the office of the P.P, Assam, who shall thereafter forward the same to the O.C. of the concerned police station for taking steps for service of notice.

List the matter after 4 (four) weeks.

                        JUDGE                        JUDGE




Comparing Assistant