Gauhati High Court
Prakash Baishya @ Bapa vs The State Of Assam And Anr on 16 June, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010126062025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/71/2025
PRAKASH BAISHYA @ BAPA
S/O. SRI BALO BAISHYA, R/O. VILL.- PUB KHAIRAJANGAL, P/O.
HATIGARH, P/S. PANERI, DIST. UDALGURI (B.T.R), ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REP BY THE PP, ASSAM
2:NABIN PANIKA
S/O. LT. SAMBHU PANIKA
R/O. VILL.- PUB KHAIRAJANGAL
P/S. PANERI
DIST. UDALGURI
ASSAM
PIN-78452
Advocate for the Petitioner : MR. A GOGOI, FOR LEGAL AID
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 16.06.2025
[M. Choudhury, J]
Heard Mr. A. Gogoi, learned Legal Aid Counsel for the appellant and Mr.
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R.R. Kaushik, learned Additional Public Prosecutor for the respondent no. 1,
State of Assam.
2. This criminal appeal under Section 415[2] of the Bharatiya Nagarik
Suraksha Sanhita, 2023 is preferred against a Judgment dated 09.04.2025 and
an Order on Sentence dated 11.04.2025 passed by the Court of learned Special
Judge, Udalguri in Special [POCSO] Case no. 25/2024, arising out of Panery
Police Station Case no. 50/2023. By the Judgment dated 09.04.2025 and the
Order on Sentence dated 11.04.2025, the accused-appellant has been convicted
for the offences under Section 376[3], Indian Penal Code and under Section 4 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. 20,000/-, with
default stipulation, under Section 376[3], IPC.
3. We have gone through the contents of the memorandum of appeal.
4. The criminal appeal is admitted for hearing.
5. The case records of Special [POCSO] Case no. 25/2024 be called for.
6. Issue notice, returnable in 4 [four] weeks.
7. As Mr. Kaushik, learned Additional Public Prosecutor has appeared and
accepted notice on behalf of the respondent no. 1, issuance of formal notice to
the respondent no. 1 is dispensed with. However, an extra copy of the memo of
appeal along with annexures, is to be furnished to Mr. Kaushik within 2 [two]
working days from today.
8. The accused-appellant shall take steps for service of notice upon the
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respondent no. 2/informant, in terms of the Practice Directions laid down in the
Notification no. 17 dated 15.03.2024.
9. The learned Additional Public Prosecutor shall obtain a report from the
Officer In-Charge, Panery Police Station as regards the service of notice upon
the respondent no. 2/informant and place the same before this Court on or
before the returnable date.
10. List the case after 4 [four] weeks.
JUDGE JUDGE
Comparing Assistant
