Ankur Borah vs The State Of Assam
2025 Latest Caselaw 5311 Gua

Gauhati High Court

Ankur Borah vs The State Of Assam on 13 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010109952025




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

                                     Case No. : CRL.A(J)/59/2025

            ANKUR BORAH
            S/O LATE ABHIJIT BORA, R/O BORIGAON, P.S. AND DIST- JORHAT



            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 MITALI THAKURIA

                                              ORDER

Date : 13.06.2025 [M. Choudhury, J]

Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the respondent, State of Assam.

2. This criminal appeal from jail is preferred against a Judgment and Order dated 15.02.2025 passed by the Court of learned Additional Sessions Judge-

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cum-Special Judge [POCSO], Sivasagar in Special [POCSO] Case no. 51/2023, arising out of Amguri Police Station Case no. 10/2023. By the Judgment and Order dated 15.02.2025, the accused-appellant has been convicted for the offence under Section 363 and Section 376[3], Indian Penal Code [IPC] as well as under Section 6 of the Protection of Children from Sexual Offences [POCSO] Act. In view of Section 42 of the POCSO Act, the accused-appellant has been sentenced to undergo rigorous imprisonment for twenty years and to pay a fine of Rs. 10,000/-, with default stipulation under Section 6 of the POCSO Act. He has also been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2,000/-, with default stipulation under Section 363, IPC. Both the sentences are ordered to run concurrently.

3. The criminal appeal is admitted for hearing.

4. The case records of Special [POCSO] Case no. 51/2023 be called for.

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

6. To represent the accused-appellant in this appeal, we deem it proper, in the interest of justice, to appoint Ms. Rita Das Mozumdar from the panel of Amicus Curiae.

7. Ms. Mozumdar is to be informed accordingly and her name is to be reflected in the Cause-List.

8. 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.

9. The steps for service of notice upon the victim/guardian/support person Page No.# 3/3

are to be taken in terms of the Practice Directions laid down in the Notification no. 17 dated 15.03.2024.

10. The learned Additional Public Prosecutor shall obtain a report from the Officer In-Charge, Amguri 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.

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

                                    JUDGE                 JUDGE




Comparing Assistant