Atul Konwar vs The State Of Assam And Anr
2025 Latest Caselaw 8375 Gua

Gauhati High Court

Atul Konwar vs The State Of Assam And Anr on 7 November, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                            Page No.# 1/3

GAHC010226982025




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

                                Case No. : CRL.A(J)/183/2025

            ATUL KONWAR
            S/O. LT. KALIMAN KONWAR, R/O. KARAIGURI, P/S. DHARAMTUL, DIST.
            MORIGAON, ASSAM.



            VERSUS

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

            2:MALA TERON
            W/O. LT. PUTUL TERON
             R/O. KARAIGURI
             P/S. DHARAMTUL
             DIST. MORIGAON
            ASSAM

Advocate for the Petitioner   : MR. S BISWAS,

Advocate for the Respondent : PP, ASSAM,




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

                                           ORDER

Date : --07.11.2025 [M. Choudhury, J]

Heard Mr. S. Biswas, learned Legal Aid Counsel for the accused-appellant and Mr. R.R. Page No.# 2/3

Kaushik, learned Additional Public Prosecutor for the respondent State of Assam.

2. This criminal appeal under Section 415, Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred against a Judgment and Order dated 04.08.2025 passed by the Court of learned Additional Sessions Judge - cum - Special Judge [POCSO], Morigaon ['the Special Court', for short], in POCSO Case no. 168 of 2021, which arose out of Dharamtul PS Case no. 74/2021. By the impugned Judgment and Order, the learned Special Court has convicted the accused- appellant for the offences under Section 6, Protection of Children from Sexual Offences [POCSO] Act, 2012 and Section 506, Indian Penal Code. For the offence under Section 6, POCSO Act, the accused-appellant has been sentenced to undergo rigorous imprisonment for life, which means imprisonment for the remainder of his natural life, and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo further rigorous imprisonment for a period of three months. For the offence under Section 506, IPC, the accused-appellant has been sentenced to undergo rigorous imprisonment for 1 [one] year. The sentences are ordered to run concurrently.

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 POCSO Case no. 168 of 2021 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 State of Assam, issuance of formal notice in respect of the said respondent stands dispensed with. The learned counsel for the accused- appellant shall furnish an extra copy of the memo of appeal along with annexures, to Mr. Kaushik within 3 [three] working days from today.

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8. The steps on the respondent no. 2 are to be taken in terms of the Practice Direction laid down in the Notification no. 17 dated 15.03.2024, within 3 [three] working days from today.

9. The learned Additional Public Prosecutor is to obtain a report from the Officer In- Charge, Dharamtul Police Station as regards the service of notice upon the respondent no. 2 to place the same on record on the returnable date.

                                                            JUDGE          JUDGE



Comparing Assistant