Mukha Basumatary vs The State Of Assam
2025 Latest Caselaw 4043 Gua

Gauhati High Court

Mukha Basumatary vs The State Of Assam on 12 March, 2025

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GAHC010010922025




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

                                  Case No. : Crl.A./45/2025

            MUKHA BASUMATARY
            S/O. SUKURSING BASUMATARY, VILL. BATABARI, P/S. RUNIKHATA, DIST.
            CHIRANG, ASSAM, PIN-783375.



            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PP, ASSAM

            2:PROHALLAD NARZARY
             S/O. LT. ABENDRA NAZARY
            VILL. RANIPUR (BATABARI)
             P/S. RUNIKHATA
             DIST. CHIRAND
            ASSAM
             PIN-783375

Advocate for the Petitioner   : MR A SARANIA, MR R.BEZBARUAH,MR. P P GOGOI,MR. M
SARANIA

Advocate for the Respondent : PP, ASSAM,
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                                 BEFORE

         HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                 ORDER

12.03.2025

1. Heard Mr. M. Sarania, the learned counsel for the appellant.

2. This appeal under Section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the appellant, namely, Mukha Basumatary, impugning the judgment and order dated 25.11.2024, passed by the learned Special Judge (POCSO), Chirang at Kajalgaon in Special POCSO Case No. 04/2024, whereby, the appellant was convicted under Section 8 of the POCSO Act, 2012 and was sentenced to undergo rigorous imprisonment for 3(three) years and to pay a fine of Rs. 20,000/- (Rupees Twenty Thousand) only, and in default of payment of fine to undergo further rigorous imprisonment for 1(one) month.

3. The appeal is admitted.

4. Call for the case record of Special (POCSO) Case No. 04/2024 from the Trial Court.

5. Issue notice to the respondent No.2.

6. The learned counsel for the appellant shall take fresh steps for issuance of notice upon the respondent No. 2, in pursuant to the prevailing Notification No. 17 dated 15.03.2024 of the Registry in this

regard, within a week from the date of this order, returnable on 25 th April,2025.

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7. List accordingly.

JUDGE

Comparing Assistant