Saddam Hussain vs The State Of Assam And Anr
2025 Latest Caselaw 5782 Gua

Gauhati High Court

Saddam Hussain vs The State Of Assam And Anr on 26 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                Page No. 1/3

GAHC010109022025




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

                                 Case No. : Crl.A./205/2025

            SADDAM HUSSAIN
            S/O. CHAN MAMMAD ALI, R/O. RADHA NAGAR, UPPER CHACHAL, P/S.
            DISPUR, DIST. KAMRUP (M), ASSAM.

            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE PP, ASSAM

            2:KANGKAN BORA
             SUB-INSPECTOR OF POLICE
             P/S. DISPUR
             GUWAHATI-06

Advocate for the Petitioner   : MR. T MOHAMMAD, J ISLAM,MR. M K CHOUDHURY

Advocate for the Respondent : PP, ASSAM,

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

                                           ORDER

Date : 26.06.2025 [Manish Choudhury, J.]

Heard Mr. M.K. Choudhury, learned Senior Counsel assisted by Mr. T. Mohammad, learned counsel for the accused-appellant and Ms. S.H. Bora, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

2. This criminal appeal under Section 415[2], Bharatiya Nagarik Suraksha Sanhita [BNSS],

2023 is preferred against a Judgment dated 04.04.2025 and an Order on Sentence dated 08.04.2025 passed by the Court of learned Additional Sessions Judge-cum-Special Judge [POCSO], Kamrup [Metro] in Sessions Spl. Case no. 263/2023, arising out of Dispur Police Station Case no. 202/2023. By the Judgment and the Order on Sentence, the accused- appellant has been convicted for the offences under Section 9 of the Prohibition of Child Marriage Act, 2006; Section 376, Indian Penal Code [IPC]; and Section 6 of the Protection of Children from Sexual Offences [POCSO] Act, 2012. 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. 2,00,000/-, in default of payment of fine, to undergo rigorous imprisonment for another two years under Section 6 of the POCSO Act. For the offence under Section 9 of the Prohibition of Child Marriage Act, 2006, he has been sentenced to undergo rigorous imprisonment for two years.

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

4. The criminal appeal is admitted for hearing.

5. The case records of Sessions Spl. Case no. 263/2023 be called for.

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

7. As Ms. Bora has appeared and accepted notice on behalf of the respondent no. 1, issuance of formal notice to the said respondent stands dispensed with. The learned counsel for the accused-appellant shall serve an extra copy of the memo of appeal along with annexures, to Ms. Bora within 3 [three] working days from today.

8. The accused-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.

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

Charge, Dispur 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.

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

                                                       JUDGE                    JUDGE




Comparing Assistant