Sri Bhutanga Kumar vs State Of Assam
2025 Latest Caselaw 5670 Gua

Gauhati High Court

Sri Bhutanga Kumar vs State Of Assam on 24 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

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

                                 Case No. : CRL.A(J)/77/2025

            SRI BHUTANGA KUMAR
            S/O LATE RAM PARESH KUMAR, R/O SEGUNBARI T.E. , BAGAN LINE, P.S.
            MARGHERITA, DISTRICT TINSUKIA, ASSAM.

            VERSUS

            STATE OF ASSAM
            REP BY THE PP, ASSAM

            2:SMTI RINA KAMAR
            W/O BHUTANGA KAMAR
             SEGUNBARI T.E. P.S. MARGHERITA
             DISTRICT TINSUKIA
            ASSAM

Advocate for the Petitioner   : ANURADHA GAYAN,

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 22.10.2024 passed by the Court of learned Additional Sessions Judge-cum-Special Judge [POCSO], Tinsukia in POCSO Case no. 34/2017. By the Judgment and Order dated 22.10.2024, the appellant has been convicted for the offence under Section 376[2][f], Indian Penal Code [IPC] and he has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- with default stipulation.

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 POCSO Case no. 34/2017 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, Margherita 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. A. Gayan, learned Legal Aid Counsel is to be reflected in the appellant's side in the Cause-List.

                                                  JUDGE                    JUDGE




Comparing Assistant