Citation : 2025 Latest Caselaw 4899 Gua
Judgement Date : 21 May, 2025
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GAHC010212582024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/52/2025
BIJURAM TANTI
LEGAL AID COUNSEL,
Address - S/O. LATE BELDHAR TANTI, VILL. BEHORA BORLIN, P/O.
BOKAKHAT, P/S. BOKAKHAT, DIST.- GOLAGHAT, ASSAM, PIN-785612.
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:SARUSUWALI PATGIRI
W/O. SRI. RAHUL PATGIRI
VILL.- BALIGAON
ADARSH MISSING GAON
P/O. BOKAKHAT
P/S.- BOKAKHAT
DIST.- GOLAGHAT
ASSAM
Advocate for the Petitioner : MS P DAS,
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] Page No.# 2/3
Heard Ms. P. Das, learned Legal Aid Counsel for the accused-appellant and Mr. R.R. Kaushik, 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 and Order dated 04.05.2024 passed by the Court of learned Special Judge [POCSO] Golaghat in Special POSCO Case no. 03/2023 arising out of Bokakhat Police Station Case no 127/2022. By the Judgment and Order dated 04.05.2024, the accused-appellant has been convicted for the offence under Section 6 of the Protection of Children from Sexual Offences [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/-, in default of payment of fine, to undergo simple imprisonment for another month.
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. 03/2023 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.
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-
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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
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