Niran Chutia @ Nion @ Pitpit vs The State Of Assam And Anr
2025 Latest Caselaw 647 Gua

Gauhati High Court

Niran Chutia @ Nion @ Pitpit vs The State Of Assam And Anr on 16 May, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010098362025




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

                                 Case No. : CRL.A(J)/45/2025

            NIRAN CHUTIA @ NION @ PITPIT
            S/O. LT. NANDESWAR CHUTIA, RESIDENT OF BORBAM DIHINGIA GAON,
            P/S. GOGAMUKH, DISTRICT -DHEMAJI, ASSAM.
            PRESENTLY SERVING SENTENCE IN DISTRICT JAIL DHEMAJI



            VERSUS

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

            2:SMT JUNMONI CHUTIA
             RESIDENT OF BORBAM DIHINGIA GAON PS GOGAMUKH DISTRICT
            DHEMAJI ASSA

Advocate for the Petitioner   : DR. P AGARWAL, FOR LEGAL AID

Advocate for the Respondent : PP, ASSAM,




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

                                           ORDER

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

Heard Ms. S. Nath, learned counsel representing Dr. P. Agarwal, learned Legal Aid Counsel for the appellant; and Ms. S. Jahan, learned Additional Public Prosecutor for the Page No.# 2/3

respondent no. 1, State of Assam.

2. This criminal appeal from jail is preferred against a Judgment & Order dated 13.03.2025 passed by the Court of learned Special Judge [POCSO], Dhemaji ['Special Court', for short'] in Special [POCSO] Case no. 33/2021, arising out of Gogamukh Police Station Case no. 144/2021. By the Judgment & Order dated 13.03.2025, the learned Special Court has convicted the accused appellant for the offence under Section 6, Protection of Children from Sexual Offences [POCSO] Act, 2012 and he has been sentenced to undergo rigorous imprisonment for 30 [thirty] years and pay a fine of Rs. 50,000/-, in default of payment of fine, to suffer rigorous imprisonment for further 3 [three] 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 case records of the Special [POCSO] Case no. 33/2021 be called for.

                                                        JUDGE              JUDGE
                       Page No.# 3/3



Comparing Assistant