Md Abdul Jalil vs The State Of Assam
2025 Latest Caselaw 8597 Gua

Gauhati High Court

Md Abdul Jalil vs The State Of Assam on 17 November, 2025

Author: K.R. Surana

Bench: Kalyan Rai Surana

                                                                            Page No.# 1/3

GAHC010137042025




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

                                  Case No. : Crl.A./403/2025

            MD ABDUL JALIL
            S/O LT SURUJ ALI
            R/O - MORITOLI, WARD NO. 9,
            P.S. - LAHARIGHAT
            DIST - MORIGAON, ASSAM
            PIN - 782124



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY PP, ASSAM

            2:MD. RAFIQUL ISLAM
             S/O - LT ABDUL QADIR
            R/O - VILL - MORITOLI
             WARD NO. 09
            P.S. - LAHARIGHAT
            DIST - MORIGAON
            ASSA

Advocate for the Petitioner   : MR Jagat Ch Borah, MS. A LALA,MRS R BEGUM,MR J C
BORAH,MR P KATAKI

Advocate for the Respondent : PP, ASSAM,
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                                BEFORE
                HONOURABLE MR. JUSTICE KALYAN RAI SURANA
                HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                    ORDER

Date : 17.11.2025 (K.R. Surana, J)

Heard Mr. P. Kataki, learned counsel for the appellant. Also heard Ms. S.H. Bora, learned APP appearing for the State.

2. This appeal is directed against the judgment and order dated 01.08.2024, passed by the learned Special Judge (POCSO), Morigaon in connection with POCSO Case No. 88/2019, thereby convicting and sentencing the appellant to undergo rigorous imprisonment of 20 (twenty) years and pay fine of Rs.20,000/- (Rupees twenty thousand only) with default stipulation under section 376AB of the IPC and in view of the said sentence, no separate sentence was awarded under section 6 of the POCSO Act.

3. The appeal is admitted for hearing.

4. Call for the records.

5. Issue notice to the respondent no.2 returnable on 07.01.2026.

6. The learned counsel for the appellant shall file written-up notice for service on the respondent no.2 indicating the next date as 07.01.2026. Upon receipt of steps, Registry shall issue notice to the respondent no.2 and hand it over to the office of the Public Prosecutor for onward service on respondent no.2 through the jurisdictional Laharighat P.S. The Officer-in-Charge of Laharighat Police Station is directed to serve notice on the respondent no.2 and return the service report to the Court through the Office of the Public Prosecutor, Gauhati Page No.# 3/3

High Court prior to the next date of listing.

7. In the notice, it shall also be indicated that in the event the respondent no.2 is unable to engage a learned counsel, he/she may apply before the Gauhati High Court Legal Aid Committee for being provided with a legal aid counsel. The Court also reserves right to appoint a legal aid counsel/Amicus Curiae on behalf of the respondent no.2, if so warranted.

8. List on 07.01.2026, awaiting receipt of TCR as well as service of notice.

                        JUDGE                   JUDGE




Comparing Assistant