Citation : 2025 Latest Caselaw 5290 Gua
Judgement Date : 13 June, 2025
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GAHC010112302025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/70/2025
AMIRAT ALI
S/O LATE SIDDIQUE ALI, R/O- VILL-MIKIRGAON, P.S. MIKIRBHETA,
P.O.MIKIRGAON, DIST. MIKIRGAON, ASSAM, PIN- 78104
VERSUS
STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
2:MRS ALIZA BEGUM
W/O- MD. AMIRAT ALI
R/-VILL-MIKIRGAON
P.S. MIKIRBHETA
P.O. MIKIRBHETA
DISTRICT- MORIGAON
ASSAM
PIN- 78210
Advocate for the Petitioner : Anowar Hussain,
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date :13.06.2025 [M. Choudhury, J]
Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the Page No.# 2/3
respondent, State of Assam.
2. This criminal appeal from jail is preferred against a Judgment and Order dated 21.12.2024 passed by the Court of learned Additional Sessions Judge- cum-Special Judge [POCSO], Morigaon in POCSO Case no. 124/2023, arising out of Mikirbheta Police Station Case no. 20/2023. By the Judgment and Order dated 21.12.2024, the accused-appellant has been convicted for the offence under Section 6 of the Protection of Children from Sexual Offences [POCSO] Act and he has been sentenced to undergo rigorous imprisonment for life which means imprisonment for the remainder of his natural life and to pay a fine of Rs. 20,000/-, in default of payment of fine, to undergo rigorous imprisonment for three months.
3. The criminal appeal is admitted for hearing.
4. The case records of POCSO Case no. 124/2023 be called for.
5. Issue notice, returnable in 4 [four] weeks.
6. As Mr. Kaushik, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent State of Assam, issuance of formal notice in respect of the respondent State of Assam stands dispensed with.
7. The name of Mr. B.K. Sen, learned Amicus Curiae for the accused-appellant is to be reflected in the Cause-List.
8. The steps for service of notice upon the victim/guardian/support person are to be taken in terms of the Practice Directions laid down in the Notification no. 17 dated 15.03.2024.
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9. The learned Additional Public Prosecutor shall obtain a report from the Officer In-Charge, Mikirbheta Police Station as regards the service of notice upon the victim/guardian/support person and place the same before this Court on or before the returnable date.
10. List the case after 4 [four] weeks.
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