Gauhati High Court
Rajesh Khan vs The State Of Assam And Anr on 16 May, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010096662025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/474/2025
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.
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Advocate for : MR. A MOBARAQUE
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MRS. JUSTICE MARLI VANKUNG
ORDER
Date : --16.05.2025
[M. Choudhury, J]
Mr. A. Mobaraque, learned counsel for the applicant-appellant and Ms. S. Jahan,
learned Additional Public Prosecutor, Assam for the opposite party-respondent no. 1, State of
Assam.
2. The present application under Section 430[1], Bharatiya Nagarik Suraksha Sanhita,
2023 is preferred seeking suspension of the execution of the sentence passed against the
present applicant-appellant and for his release on bail. The applicant as the appellant, has
preferred the connected appeal, Criminal Appeal no. 170/2025 against a Judgment and 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. By the Judgment and Order dated 03.03.2025, the applicant-appellant has
been convicted for the offence under Section 6 of the Protection of Children from Sexual
Offences [POCSO] Act, 2012 and under Section 64, Bharatiya Nagarik Suraksha Sanhita
[BNSS], 2023. The applicant-appellant has been sentenced to undergo 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. Issue notice, returnable in 4 [four] weeks.
4. As Ms. Jahan, learned Additional Public Prosecutor, Assam has appeared and accepted
notice on behalf of the opposite party-respondent no. 1, State of Assam, issuance of formal
notice in respect of the said opposite party-respondent stands dispensed with. The learned
counsel for the applicant-appellant shall furnish an extra copy of the application along with
annexures, to Ms. Jahan within 3 [three] working days from today.
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5. The applicant-appellant shall take steps for service of notice upon the opposite party-
respondent no. 2/informant, in terms of the Practice Direction laid down in the Notification
no. 17 dated 15.03.2024.
6. 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.
7. List the case after 4 [four] weeks.
JUDGE JUDGE
Comparing Assistant
