Ajoy Choutal vs State Of Assam And Anr
2025 Latest Caselaw 712 Gua

Gauhati High Court

Ajoy Choutal vs State Of Assam And Anr on 2 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                         Page No.# 1/3

GAHC010114132025




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

                                 Case No. : CRL.A(J)/64/2025

            AJOY CHOUTAL
            SON OF LATE MANGAL CHOUTAL, RESIDENT OF ANUKHAT GAON, P/S.
            AND DIST. TINSUKIA, ASSAM



            VERSUS

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

            2:SANTOSH CHOUTAL
             SON OF LATE SHANKAR CHOUTAL
             R/O. ANUKHAT GAON
             P/S. AND DIST. TINSUKIA
            ASSA

Advocate for the Petitioner   : MRS DIPANJALI BORPUJARI, FOR LEGAL AID

Advocate for the Respondent : PP, ASSAM,




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

                                           ORDER

Date : 02.06.2025 [M. Choudhury, J]

Heard Ms. D. Borpujari, learned Legal Aid Counsel for the appellant and Page No.# 2/3

Ms. B. Bhuyan, learned Senior Counsel and Additional Public Prosecutor assisted by Ms. R. Das, learned counsel for the respondent no. 1, State of Assam.

2. This criminal appeal under Section 415[2] of the Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred against a Judgment and Order dated 27.02.2025 passed by the Court of learned Special Judge [POCSO], Tinsukia in POCSO Case no. 125 of 2023, arising out of Tinsukia Police Station Case no. 370/2023. By the Judgment and Order dated 27.02.2025, the appellant has been convicted for the offence under Section 6 of the POCSO Act and has been sentenced to undergo rigorous imprisonment for 20 years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo rigorous imprisonment for 4 months.

3. We have perused the contents of the memorandum of appeal.

4. The appeal is admitted for hearing.

5. The case records of POCSO Case no. 125 of 2023 be called for.

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

7. As Ms. Bhuyan, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent no. 1, issuance of formal notice to the respondent no. 1 is dispensed with. However, an extra copy of the memo of appeal along with annexures, is to be furnished to Ms. Bhuyan within 3 [three] working days from today.

8. The appellant shall take steps for service of notice upon the respondent no. 2/informant, in terms of the Practice Directions laid down in the Notification no. 17 dated 15.03.2024 and the order dated 23.06.2023 passed in Criminal Page No.# 3/3

Appeal [J] No. 40/2022 [Deepak Nayak vs. State of Assam and two others] within 3 [three] working days from today.

9. 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 and place the same before this Court on or before the returnable date.

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

                                       JUDGE               JUDGE




Comparing Assistant