Mahidul Islam vs The State Of Assam And Anr
2025 Latest Caselaw 5309 Gua

Gauhati High Court

Mahidul Islam vs The State Of Assam And Anr on 13 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                         Page No.# 1/3

GAHC010058372025




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

                                  Case No. : Crl.A./211/2025

            MAHIDUL ISLAM
            S/O. RUSTAM ALI, R/O. VILL.- NO. 1 NAHARBARI, P/S. MAZBAT, DIST.
            UDALGURI, BTR, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE PP, ASSAM.

            2:SANTOSH LOKANDRI
             S/O. LT. RUDRABIR LOKANDARI
             R/O. VILL.- DHANSIRI TEA ESTATE
             P/S. MAZBAT
             DIST. UDALGURI
            ASSAM

Advocate for the Petitioner   : MR. K ISLAM, MR T H HAZARIKA,MR A RASHID,MR M
CHETIA

Advocate for the Respondent : PP, ASSAM,




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                           ORDER

13.06.2025 [Manish Choudhury, J] Page No.# 2/3

Heard Mr. T.H. Hazarika, learned counsel for the appellant and Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

2. This criminal appeal under Section 415[2], Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is directed against a Judgment dated 17.01.2025 and an Order on sentence dated 20.01.2025 passed by the Court of learned Special Judge, Udalguri in Special POCSO Case no. 159/2024, arising out of Mazbat Police Station Case no. 30/2024. By the Judgment and Order, the accused-appellant has been convicted for the offence under Section 365, IPCC, Section 305, IPC and Section 6 of the POCSO Act. For the offence under Section 6 of the POCSO Act, the accused-appellant has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/- with default stipulation. For the other offences, different terms of sentence have been imposed upon the accused-appellant.

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

4. The criminal appeal is admitted for hearing.

5. Case records of Special POCSO Case no. 159/2024 be called for.

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

7. As Mr. Kaushik, learned Additional Public Prosecutor, Assam has appeared and accepted notice on behalf of the respondent no. 1, issuance of formal notice to the said respondent stands dispensed with. The learned counsel for the appellant shall furnish an extra copy of the memo of appeal along with annexures, to Mr. Kaushik within 2 [two] 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 Direction 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, Mazbat Police Station as regards the service of notice upon the respondent no. 2/informant and place the same before this Court by the next date of listing.

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

                                               JUDGE                                   JUDGE




Comparing Assistant