Niranjan Das vs The State Of Assam
2025 Latest Caselaw 5669 Gua

Gauhati High Court

Niranjan Das vs The State Of Assam on 24 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010118262025




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

                                 Case No. : CRL.A(J)/76/2025

            NIRANJAN DAS
            SON OF LATE RAJEN DAS, RESIDENT OF PURANI BONGAIGAON, P.S.
            BONGAIGAON, DISTRICT BONGAIGAON ASSAM

            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY PP ASSAM

            2:SRI DHANJIT CHOUDHURY
             SON OF BASANTA KR CHOUDHURY
             RESIDENT OF VILL- BARPARA
            WARD NO 20
             P.S. BONGAIGAON
             DISTRICT BONGAIGAON
            ASSAM

Advocate for the Petitioner   : BEGUM ROUSHAN ARA SULTANA,

Advocate for the Respondent : PP, ASSAM,

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

                                           ORDER

Date : 24.06.2025 [Manish Choudhury, J.]

The Legal Aid Counsel for the appellant is found absent today on call.

2. Heard Ms. S.H. Bora, learned Additional Public Prosecutor for the respondent no. 1,

State of Assam.

3. This criminal appeal under Section 415[2], Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred against a Judgment and Order dated 22.11.2024 passed by the Court of learned Special Judge, Bongaigaon in Special [POCSO] Case no. 96[BGN]/2023, arising out of Bongaingaon Police Station Case no. 225/2023. By the Judgment and Order dated 22.11.2024, the appellant has been convicted for the offences under Section 363, Indian Penal Code [IPC] and Section 6 of the POCSO Act. Under Section 363, IPC, the appellant has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 3,000/- with default stipulation; and under Section 6 of the POCSO Act, the appellant has been sentenced to undergo rigorous imprisonment for twenty years and to pay a fine of Rs. 5,000/- with default stipulation. Both the sentences are ordered to run concurrently.

4. We have gone through the contents of the memo of the criminal appeal.

5. The criminal appeal is admitted for hearing.

6. The case records of Special [POCSO] Case no. 96[BGN]/2023 be called for.

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

8. As Ms. Bora has appeared and accepted notice in respect of the respondent no. 1, issuance of formal notice in respect of the said respondent stands dispensed with. The learned counsel for the appellant shall serve a copy of the memo of appeal along with annexures, to Ms. Bora within 3 [three] working days from today.

9. 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.

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

Charge, Bongaigaon Police Station as regards the service of notice upon the respondent no. 2-informant and place the same before the Court on or before the returnable date.

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

12. The name of Ms. B.R.A. Sultana, learned Legal Aid Counsel is to be reflected in the appellant's side in the Cause-List.

                                                       JUDGE                        JUDGE




Comparing Assistant