Citation : 2025 Latest Caselaw 5726 Gua
Judgement Date : 25 June, 2025
Page No.# 1/2
GAHC010070322025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/83/2025
SRI JAYANTA DEY
S/O- LATE BABUL CHANDRA DEY, R/O- BALUGADA SABJIBARI, PS-
TINSUKIA, DIST- TINSUKIA, ASSAM
VERSUS
STATE OF ASSAM AND OTHERS
REPRESENTED BY THE PP, ASSAM
2:MISS ANJALI DEY
W/O SHRI JAYANTA DEY R/O BALUGADA SABJIBARI
PS TINSUKIA DISTRICT TINSUKIA
ASSAM PIN 78612
Advocate for the Petitioner : NIRMALA CHOUDHURY,
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
25.06.2025 [Manish Choudhury, J]
This Criminal Appeal under Section 415[2], Bharatiya Nagarik Suraksha Sanhita [BNSS] is preferred against a Judgment and Order dated 26.12.2024 passed by the Court of learned Additional Sessions Judge -cum- Special Judge, POCSO, Tinsukia in POCSO Case no. 57/2019. By the Judgment and Order dated 26.12.2024, the appellant has been convicted for the offence under Section 6 of the POCSO Act and he has been sentenced to undergo Page No.# 2/2
imprisonment for life and to pay a fine of Rs. 20,000/-.
2. We have gone through the contents of the memo of the criminal appeal.
3. The criminal appeal is admitted for hearing.
4. The case records of POCSO Case no. 57/2019 be called for.
5. Issue notice, returnable in 4 [four] weeks.
6. As Ms. S.H. Bora has appeared and accepted notice in respect of the respondent no. 1, issuance of formal notice in respect of the respondent no. 1 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.
7. 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.
8. The learned Additional Public Prosecutor shall obtain a report from the Officer In- Charge, Tinsukia Police Station as regards the service of notice upon the respondent no. 2- informant and place the same before the Court on the returnable date.
9. List the case after 4 [four] weeks.
10. The name of Ms. Nirmola Choudhury, learned Legal Aid Counsel is to be reflected in the appellant side in the Cause-List.
JUDGE JUDGE Comparing Assistant
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