Kushal Bordoloi vs The State Of Assam And Anr
2025 Latest Caselaw 5785 Gua

Gauhati High Court

Kushal Bordoloi vs The State Of Assam And Anr on 26 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                 Page No. 1/3

GAHC010004602025




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

                                 Case No. : CRL.A(J)/80/2025

            KUSHAL BORDOLOI
            S/O- SRI SHANTIRAM BORDOLOI, R/O VILL SOLMARI MIKIRGAON, P.S.
            MORIGAON, DISTRICT MORIGAON, ASSAM.

            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PP, ASSAM

Advocate for the Petitioner   : MR. K P PATHAK,

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. K.P. Pathak, 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 and Order dated 24.07.2024 passed by the Court of learned Additional Sessions Judge-cum-Special Judge [POCSO], Morigaon in POCSO Case no.

11/2021, arising out of Morigaon Police Station Case no. 458/2019. By the Judgment and Order dated 24.07.2024, the accused-appellant has been convicted for the offences under Section 376[3]/450, 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. 10,000/-, in default of payment of fine, to undergo rigorous imprisonment for three months under Section 376[3], IPC. For conviction under Section 450, IPC, the accused- appellant has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo rigorous imprisonment for one month.

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 POCSO Case no. 11/2021 be called for.

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

7. As Ms. Bora has appeared and accepted notice for the respondent no. 1, issuance of formal notice to the said respondent is dispensed with. The learned counsel for the 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, Morigaon 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