Gauhati High Court
Uttam Mondal vs The State Of Assam And Anr on 17 November, 2025
Author: K. R. Surana
Bench: Kalyan Rai Surana
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GAHC010029222023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./380/2023
UTTAM MONDAL
S/O AMULYA MANDAL,
VILL.- PAKRIGURI, P.S.- BIJNI, DIST.- CHIRANG, BTC, ASSAM, PIN- 783390.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE P.P., ASSAM.
2:PURNA ARJYA
S/O LATE DUKHLAL ARJYA
VILL.- NO. 2 CHATIANGURI
P.S.- BIJNI
DIST.- CHIRANG
BTC
ASSAM
PIN- 783390
Advocate for the Petitioner : MR. A M AHMED, MS. D BORA,MS. B CHETIA,MR S H
MAHMUD,MR S ISLAM,MR. M U MAHMUD,P. GHOSH,MR. A AHMED
Advocate for the Respondent : PP, ASSAM,
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BEFORE
HON'BLE MR. JUSTICE KALYAN RAI SURANA
HON'BLE MRS. JUSTICE MITALI THAKURIA
ORDER
17-11-2025
(K. R. Surana, J)
Heard Mr. M. U. Mahmud, learned counsel for the appellant and Ms. S. H. Bora,
learned Additional Public Prosecutor, for the State.
2. This appeal is directed against the judgment and order dated 16.12.2022, passed
by the learned Special Judge (POCSO), Bijni in connection with Sessions Case No.
110(B)/2018, thereby convicting and sentencing the appellant to undergo Rigorous
Imprisonment for a period of life and sentenced to pay a fine with default stipulation
under Section 376 IPC and Section 6 of the POCSO Act.
3. This appeal was admitted by order dated 11.10.2023 with a direction to take steps
for service of notice on the respondent No.2.
4. As per office note dated 28.10.2024, though A/D Card has been received in respect
of respondent No.2, however, there is no signature in the acknowledgement card.
5. Process was also handed over to the learned Addl. PP for service of notice on the
respondent No.2. However, the report of the Bijni Police Station is not available on record.
6. Accordingly, the learned counsel for the appellant shall take fresh steps for service
of notice on the respondent No.2, which is made returnable on 07.01.2026.
7. 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 Bijni P.S. The
Officer-in-Charge of Bijni 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,
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Gauhati High Court prior to the next date of listing.
8. In the notice, it shall also be indicated that in the event the respondent No.2 in
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.
9. List this matter on 07.01.2026 awaiting service of notice.
JUDGE JUDGE
Comparing Assistant
