Rajesh Khan vs The State Of Assam And Anr
2025 Latest Caselaw 629 Gua

Gauhati High Court

Rajesh Khan vs The State Of Assam And Anr on 16 May, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                       Page No.# 1/4

GAHC010096662025




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

                                   Case No. : Crl.A./170/2025

            RAJESH KHAN
            S/O. TAMEJ KHAN, R/O. NO. 2 MATHGHARIA, BORO CHOWK, P/O.
            NOONMATI, P/S. NOONMATI, DIST. KAMRUP METRO, ASSAM, PIN-781020.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP BY THE PP ASSAM

            2:PUTULI NATH HAJONG
             S/O. SRI BANDHAN HAJONG
             R/O. GEETAMANDIR
             HARIPUR
             P/O. AND P/S. NOONMATI
             DIST. KAMRUP METRO
            ASSAM
             PIN-781020

Advocate for the Petitioner   : MR. A MOBARAQUE, MR. A M KHAN

Advocate for the Respondent : PP, ASSAM,




             Linked Case : I.A.(Crl.)/474/2025

            RAJESH KHAN
            S/O. TAMEJ KHAN
            R/O. NO. 2 MATHGHARIA
            BORO CHOWK
                                                                                  Page No.# 2/4

            P/O. NOONMATI
            P/S. NOONMATI
            DIST. KAMRUP METRO
            ASSAM
            PIN-781020.


            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP BY THE PP ASSAM

            2:PUTULI NATH HAJONG
            S/O. SRI BANDHAN HAJONG
             R/O. GEETAMANDIR
             HARIPUR
             P/O. AND P/S. NOONMATI
             DIST. KAMRUP METRO
            ASSAM
             PIN-781020.
             ------------
            Advocate for : MR. A MOBARAQUE
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR.



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

                                          ORDER

Date : --16.05.2025 [M. Choudhury, J]

Heard Mr. A. Mobaraque, learned counsel for the accused-appellant and Ms. S. Jahan, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

2. This appeal under Section 415[2], Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is directed against a Judgment & Order dated 03.03.2025 passed by the Court of learned Additional Sessions Judge - cum - Special Judge [POCSO], Kamrup [M], Guwahati ['Special Court', for short] in Sessions Special Case no. 269/2024 arising out of Noonmati Police Station Case no. 160/2024. By the Judgment & Order dated 03.03.2025 the learned Page No.# 3/4

Special Court has convicted the accused-appellant for the offences under Section 6, Protection of Children from Sexual Offences [POCSO] Act, 2012 and under Section 64, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023, sentencing the accused-appellant under Section 6, POCSO Act, 2012, the learned Special Court has passed a sentence of rigorous imprisonment for 20 [twenty] years and to pay fine of Rs. 1,00,000/- and in default of payment of fine, to undergo rigorous imprisonment of another 2 [two] years.

3. The appeal has been admitted for hearing.

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

5. As Ms. Jahan, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent no. 1, State of Assam, issuance of formal notice to the respondent no. 1 is dispensed with.

6. The learned counsel for the appellant shall furnish a copy of memo of appeal along with annexures to Ms. Jahan within 2 [two] 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.

8. The learned Additional Public Prosecutor shall obtain a report from the Officer In- Charge, Noonmati Police Station as regards 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
                       Page No.# 4/4


Comparing Assistant