Rameswar Doley vs The State Of Assam
2025 Latest Caselaw 519 Gua

Gauhati High Court

Rameswar Doley vs The State Of Assam on 14 May, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                 Page No. 1/3

GAHC010096882025




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

                                 Case No. : Crl.A./165/2025

            RAMESWAR DOLEY
            S/O.LT. BAPUTI DOLEY, R/O. JIADHAL BORMATHAURI, P/S. AND DIST.
            DHEMAJI, ASSAM, PIN-785112.

            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PP, ASSAM.

            2:AMIYA KUTUM
             S/O. SRI. RADHA KANTA LUTUM
             R/O. JIADHAL
             P/S. AND DIST. DHEMAJI
             PIN-787057
            ASSAM

Advocate for the Petitioner   : MS. N CHOUDHURY, MR. A K BHUYAN

Advocate for the Respondent : PP, ASSAM,




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                    HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                           ORDER

Date : 14.05.2025 [Manish Choudhury, J.]

Heard Ms. N. Choudhury, learned counsel for the appellant and Ms. S. Jahan, 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 directed against a Judgment and Order dated 04.04.2025 passed by the Court of learned Special Judge, POCSO, Dhemaji in Special [POSCO] Case no. 39/2024. By the Judgment and Order dated 04.04.2025, 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 30 [thirty] years and to pay a fine of Rs. 50,000/-, in default of payment of fine, to undergo rigorous imprisonment for 3 [three] years.

3. The criminal appeal is admitted for hearing.

4. The case records of Special [POSCO] Case no. 39/2024 be called for.

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

6. As Ms. Jahan, 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 Ms. Jahan within 3 [three] working days from today.

7. The appellant shall take steps for service of notice upon the respondent no. 2/informant, in terms of the Practice Direction laid down in the Notification no. 17 dated 15.03.2024 and the order dated 23.06.2023 passed in Criminal Appeal [J] no. 40/2022 [Deepak Nayak vs. State of Assam and two others].

8. The learned Additional Public Prosecutor shall obtain a report from the Officer In- Charge, Dhemaji 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.

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

                                            JUDGE     JUDGE



Comparing Assistant