Gauhati High Court

Raju Kishan vs The State Of Assam on 6 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010231752024




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

                                Case No. : CRL.A(J)/129/2024

            RAJU KISHAN
            S/O LT. JITEN KISHAN, R/O VILL- BARUWARI, P.S.-SONAPUR, DIST-
            KAMRUP (M), ASSAM



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM



Advocate for the Petitioner   : X, MR. A DHAR,AMICUS CURIAE

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. A. Dhar, learned Amicus Curiae 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 is preferred against a Judgment and Order dated 17.03.2023 passed by the Court of learned Additional Sessions Judge-cum- Special Judge, POCSO, Kamrup [M] at Guwahati in Sessions Case no. 18 of 2022, arising out of Sonapur Police Station Case no. 48 of 2019. By the Judgment and Order dated 17.03.2023, the appellant has been convicted for the offence under Section 6, of the Protection of Children from Sexual Offences Act, 2012 and has been sentenced to undergo rigorous imprisonment for 25 years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo simple imprisonment for 6 months.

3. The appeal is admitted for hearing.

4. The case records of Sessions Case no. 18 of 2022 be called for.

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

6. 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.

7. 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.

8. The learned Additional Public Prosecutor shall obtain a report from the Officer In-Charge, Sonapur Police Station as regards the service of notice upon the respondent no. 2 and place the same before this Court on or before the Page No.# 3/3

returnable date.

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

JUDGE JUDGE

Comparing Assistant