Bishal Thapa vs The State Of Assam And Anr
2025 Latest Caselaw 935 Gua

Gauhati High Court

Bishal Thapa vs The State Of Assam And Anr on 6 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010116532025




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

                                  Case No. : Crl.A./204/2025

            BISHAL THAPA
            S/O SHRI BOM BAHADUR THAPA, R/O VILL. NO 2 GOSSAI CHAPORI, P.S.
            SOOTEA, DIST. BISWANATH, ASSAM, PIN 784175

            VERSUS

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

            2:SMTI. MUNMI KONCH
             R/O VILL. NO. 2 GOSSAI CHAPORI
             P.S. SOOTEA
             DIST. BISWANATH
            ASSAM
             PIN 78417

Advocate for the Petitioner   : MR. R P SARMAH, MS A DEKA,MR. D DOLEY

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 Mr. R.P. Sarmah, learned Senior Counsel assisted by Ms. A. Deka, learned counsel for the appellant and Ms. S.H. Bora, learned Additional Public Page No.# 2/3

Prosecutor for the respondent no. 1, State of Assam.

2. This criminal appeal under Section 415[4] of the Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred against a Judgment and Order dated 08.05.2025 passed by the Court of learned Special Judge [POCSO], Biswanath, Biswanath Chariali in Special [POCSO] Case no. 01/2021, arising out of Sootea Police Station Case no. 01/2021. By the Judgment and Order dated 08.05.2025, the appellant has been convicted for the offence under Section 4[2], of the Protection of Children from Sexual Offences Act, 2012 and has been sentenced to undergo rigorous imprisonment for 20 years and to pay a fine of Rs. 15,000/-, in default of payment of fine, to undergo rigorous imprisonment for 3 months.

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

4. The appeal is admitted for hearing.

5. The case records of Special [POCSO] Case no. 01/2021 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. However, an extra copy of the memo of appeal along with annexures, is to be furnished to Ms. Bora 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.

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