Citation : 2025 Latest Caselaw 5312 Gua
Judgement Date : 13 June, 2025
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GAHC010119172025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/66/2025
LOKUS SANGMA @ PRADIP
S/O LATE MARSENT MARAK, VILL- SATGAON, P.S- BAITHALANGSHU,
DIST- WEST KARBI ANGLONG, ASSAM
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 Page No.# 2/3
dated 10.04.2025 passed by the Court of learned Special Judge [POCSO], Biswanath, Biswanath Chariali in Special [POCSO] Case no. 47/2022, arising out of Biswanath Chariali Police Station Case no. 145/2022. By the Judgment and Order dated 10.04.2025, the accused-appellant has been convicted for the offences under Section 4[2] and Section 8 of the Protection of Children from Sexual Offences [POCSO] Act. For the offence under Section 4[2] of the POCSO Act, the accused-appellant has been sentenced to undergo rigorous imprisonment for twenty years and to pay a fine of Rs. 15,000/-, with default stipulation. For the offence under Section 8 of the POCSO Act, the accused- appellant has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 15,000/-, with default stipulation. The sentences are ordered to run concurrently.
3. The criminal appeal is admitted for hearing.
4. The case records of Special [POCSO] Case no. 47/2022 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 Mr. Mrinmoy Khataniar from the panel of Amicus Curiae.
7. Mr. Khataniar is to be informed accordingly and his 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.
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9. 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.
10. The learned Additional Public Prosecutor shall obtain a report from the Officer In-Charge, Biswanath Chariali 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
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