Gauhati High Court
Noor Alom vs The State Of Assam And Anr on 21 May, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010066902025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./177/2025
NOOR ALOM
S/O. ABBAS ALI, R/O. CHAMPUPARA, PS CHAYGAON, DIST. KAMRUP,
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE PP, ASSAM
2:BAHEJ UDDIN
S/O. LT. SOKMAN ALI
R/O. VILLAGE KACHUMARA NC
PS KACHUMARA
DIST. BARPETA
ASSA
Advocate for the Petitioner : MR Y KOTHARI, MR P DAS,MR. D K KOTHARI,MR P
PRAWAR,MR. N KOTHARI
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER
Date : --21.05.2025
[M. Choudhury, J]
Heard Mr. P. Prawar, learned counsel for the accused-appellant and Mr. R.R. Kaushik,
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learned Additional Public Prosecutor, Assam for the respondent no. 1, State of Assam.
2. This criminal appeal under Section 415[2], Bharatiya Nagarik Suraksha Sanhita [BNSS],
2023 is preferred against a Judgment dated 24.01.2025 and an Order of Sentence dated
29.01.2025 passed by the Court of learned Additional Sessions Judge - cum - Special Judge
[POCSO] Barpeta in Special [POSCO] Case no. 71/2022, arising out of Kachumara Police
Station Case no. 50/2021. By the said Judgment and Order, the accused-appellant has been
convicted for the offences under Section 6 of the Protection of Children from Sexual Offences
[POCSO] Act, 2012 and under Section 366 and Section 370 [4] of the Indian Penal Code
[IPC]. For the offence under Section 6, POCSO Act, 2012, the accused-appellant has been
sentenced to undergo rigorous imprisonment for 20 [twenty] years and to pay a fine of Rs.
10,000/-, with default stipulation. For the offence under Section 366, IPC, he has been
sentenced to undergo rigorous imprisonment for 7 [seven] years and to pay a fine of Rs.
5,000/-, with default stipulation. For the offence under Section 370 [4], IPC, he has been
sentenced to undergo rigorous imprisonment for 14 [fourteen] years and to pay a fine of Rs.
5,000/-, with default stipulation. The sentences are ordered to run concurrently.
3. We have gone through the contents of the memorandum of appeal.
4. The criminal appeal is admitted for hearing.
5. The case records of Special [POSCO] Case no. 71/2022 be called for.
6. Issue notice, returnable in 4 [four] weeks.
7. As Mr. Kaushik, learned Additional Public Prosecutor, Assam has appeared and
accepted notice on behalf of the respondent no. 1, State of Assam, issuance of formal notice
in respect of the said respondent stands dispensed with. The learned counsel for the
appellant shall, however, be furnished an extra copy of the memo of appeal along with
annexures, to Mr. Kaushik within 3 [three] working days from today.
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8. The accused-appellant shall take steps for service of notice upon the respondent no. 2,
in terms of the Practice Direction 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 of the jurisdictional 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 case after 4 [four] weeks.
JUDGE JUDGE
Comparing Assistant
