Nim Singh Kumar vs The State Of Assam And Anr
2025 Latest Caselaw 4907 Gua

Gauhati High Court

Nim Singh Kumar vs The State Of Assam And Anr on 21 May, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                      Page No.# 1/3

GAHC010102032025




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

                                 Case No. : CRL.A(J)/56/2025

            NIM SINGH KUMAR
            SON OF LATE RANJU SINGH KUMAR, RESIDENT OF VILLAGE LIMBUGURI
            T.E. No. 2 BALUPAR, POLICE STATION-TINSUKIA, DISTRICT-TINSUKIA,
            ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE PUBLIC PROSECUTOR,ASSAM

            2:JIMBU SONA
             SON OF LATE RAJEN SONA PRAJA
             RESIDENT OF VILLAGE-LIMBUGURI
             BALUPARA
             2 NO. BASTI
             POLICE STATION- TINSUKIA
             DISTRICT-TINSUKIA
            ASSAM

Advocate for the Petitioner   : MS. B SARMA, FOR LEGAL AID

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. B. Sarma, 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 13.03.2025 passed by the Court of learned Special Judge [POCSO] Tinsukia in POSCO Case no. 71/2023 arising out of Tinsukia Police Station Case no. 188/2023. By the Judgment and Order dated 13.03.2025, the accused-appellant has been convicted for the offence under Section 4 [2] 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 rigorous imprisonment for another four 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 POSCO Case no. 71/2023 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.

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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