Gauhati High Court
Sri Topa Doley vs State Of Assam And Others on 27 June, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/4
GAHC010064592025
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/84/2025
SRI TOPA DOLEY
SON OF HARILOM DOLEY RESIDENT OF DAINI CHAPORI GAON, P.S.
DERGAON DISTRICT GOLAGHAT, ASSAM
VERSUS
STATE OF ASSAM AND OTHERS
REPRESENTED BY THE PP, ASSAM
2:SMTI ARUNA GOWALA
WIFE OF SRI BUBUL GOWALA RESIDENT OF VILLAGE LEMCHAPANI
AMGURI P.S. DERGAON PIN-785614
Advocate for the Petitioner : MRS. PURNIMA BARUAH BORDOLOI,
Advocate for the Respondent : PP, ASSAM,
Linked Case : I.A.(Crl.)/666/2025
SRI TOPA DOLEY
SON OF HARILOM DOLEY RESIDENT OF DAINI CHAPORI GAON
P.S. DERGAON DISTRICT GOLAGHAT
ASSAM
VERSUS
STATE OF ASSAM AND OTHERS
Page No.# 2/4
REPRESENTED BY THE PP
ASSAM
2:SMTI ARUNA GOWALA
WIFE OF SRI BUBUL GOWALA RESIDENT OF VILLAGE LEMCHAPANI
AMGURI P.S. DERGAON PIN-785614
------------
Advocate for : MRS. PURNIMA BARUAH BORDOLOI
Advocate for : PP
ASSAM appearing for STATE OF ASSAM AND OTHERS
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : --27.06.2025
[M. Choudhury, J]
The learned Legal Aid Counsel is found absent today on call.
2. Heard Ms. M. Das, learned counsel appearing on behalf of Ms. P.B. Bordoloi, learned
Legal Aid Counsel for the accused-appellant and Ms. S.H. Bora, learned Additional Public
Prosecutor for the respondent no. 1, State of Assam.
3. The instant criminal appeal under Section 415[2], Bharatiya Nagarik Suraksha Sanhita
[BNSS], 2023 is preferred against a Judgment dated 18.12.2024 and an Order on Sentence
dated 21.12.2024 passed by the Court of learned Special Judge [POCSO] at Golaghat in
Special POSCO Case no. 43/2018, arising out of Dergaon Police Station Case no. 663/2017.
By the Judgment and Order on Sentence, the accused-appellant has been convicted for the
offences under Section 307/376 of the Indian Penal Code [IPC] and Section 4 of the
Protection of Children from Sexual Offences [POCSO] Act, 2012. For the offence under
Section 4, POCSO Act, the accused-appellant has been sentenced to undergo rigorous
imprisonment for 15 [fifteen] years and to pay a fine of Rs. 25,000/-, in default of payment of
fine, to undergo simple imprisonment for another three months. For the conviction under
Section 307, IPC, the accused-appellant has been sentenced to undergo rigorous
Page No.# 3/4
imprisonment for 10 [ten] years and to pay a fine of Rs. 15,000/-, with default stipulations.
The sentences are ordered to run consecutively.
4. We have gone through the contents of the memorandum of appeal.
5. The criminal appeal is admitted for hearing.
6. The case records of Special POSCO Case no. 43/2018 be called for.
7. Issue notice, returnable in 4 [four] weeks.
8. As Ms. Bora, learned Additional Public Prosecutor, Assam has appeared and accepted
notice on behalf of the respondent no. 1, State of Assam, issuance of formal notice in respect
of the said respondent stands dispensed with. The learned counsel for the accused-appellant
shall furnish an extra copy of the memo of appeal along with annexures, to Ms. Bora within 3
[three] working days from today.
9. 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.
10. The learned Additional Public Prosecutor is to obtain a report from the Officer In-
Charge of the Dergaon Police Station as regards the service of notice upon the respondent
no. 2/informant and place the same on record on or before the returnable date.
11. List the appeal after 4 [four] weeks.
Page No.# 4/4
12. The name of Ms. P.B. Bordoloi, learned Legal Aid Counsel is to be reflected in the
appellants' side in the Cause-List.
JUDGE JUDGE
Comparing Assistant
