Gauhati High Court
Suad Ahmed Kazi vs The State Of Assam And Anr on 6 June, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010069232025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/69/2025
SUAD AHMED KAZI
S/O MAKADDAS ALI KAZI, R/O VILL. GOSSAIPUR, PART-IV, P.O.
UDHARBOND, P.S. UDHARBOND, DIST. CACHAR, ASSAM, PIN 788030
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PP, ASSAM.
2:ANOWARA BEGUM LASKAR @ ANORA BEGUM LASKAR
W/O FOZIL UDDIN LASKAR
R/O GOSSAIPUR PART-3
UDHARBOND
CACHAR
ASSAM
Advocate for the Petitioner : MR. S BANIK,
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 06.06.2025
[M. Choudhury, J]
Heard the learned Legal Aid Counsel for the appellant and Ms. S.H. Bora,
learned Additional Public Prosecutor for the respondent no. 1, State of Assam.
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2. This criminal appeal under Section 415[2] of the Bharatiya Nagarik Suraksha
Sanhita, 2023 is preferred against a Judgment dated 29.01.2025 and an Order
of Sentence dated 30.01.2025 passed by the Court of learned Special Judge
[POCSO], Cachar, Silchar in Special [POCSO] Case no. 41 of 2023, arising out of
Udharbond Police Station Case no. 169/2022. By the Judgment dated
29.01.2025 and the Order of Sentence dated 30.01.2025, the appellant has
been convicted for the offence under Section 366, Indian Penal Code [IPC] and
also under Section 376D, IPC as well as under Section 6, POCSO Act. For the
offence under Section 366, IPC, the appellant has been sentenced to undergo
rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/-, with
default stipulation. For the offence under Section 6, POCSO Act, the appellant
has been sentenced to undergo rigorous imprisonment for 20 years and to pay
a fine of Rs. 10,000/-, with default stipulation. No sentence has been awarded
under Section 376D, IPC in view of Section 42, POCSO Act. The sentences are
ordered to run concurrently.
3. We have perused the contents of the memorandum of appeal.
4. The criminal appeal is admitted for hearing.
5. The case records of Special [POCSO] Case no. 41 of 2023 be called for.
6. Issue notice, returnable in 4 [four] weeks.
7. As Ms. Bora, 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.
8. The appellant shall take steps for service of notice upon the respondent no.
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2/informant, in terms of the Practice Directions 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, Udharbond Police Station as regards the service of notice upon the
respondent no. 2 and place the same before this Court on the returnable date.
10. List the matter after 4 [four] weeks.
JUDGE JUDGE
Comparing Assistant
