Monika Bhumij vs The State Of Assam
2025 Latest Caselaw 8705 Gua

Gauhati High Court

Monika Bhumij vs The State Of Assam on 19 November, 2025

Author: K.R. Surana

Bench: Kalyan Rai Surana

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GAHC010152752025




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

                                 Case No. : CRL.A(J)/100/2025

            MONIKA BHUMIJ
            W/O- SRI JITEN BHUMIJ, VILL.- MADURALI, P.S. GINGIA, DIST.
            BISWANATH, ASSAM



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM



Advocate for the Petitioner   : X,

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA
                   HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                           ORDER

Date : 19.11.2025 (K.R. Surana, J)

Mr. R.R. Kaushik, learned APP, Assam is present.

2. Since this is an appeal from jail, the same is required to be registered under Section 424 of the BNSS read with Section 415 BNSS. However, in the Page No.# 2/3

note-sheet of the Registry, though the appeal has been registered as Criminal Revision (J) No. 99/2025, in the narration the Registry has mentioned it to be a revision under Sections 397/401/482 of the CrPC. Therefore, the Registry is required to treat this as an appeal against conviction under Section 424 of the BNSS, being appeal preferred from jail read with Section 415 of the BNSS, which is the substantive provision for invoking the appellate jurisdiction.

3. In this case, the appellant has been convicted under Section 6 of the POCSO Act and sentencing him to undergo rigorous imprisonment for 20 years and fine of Rs.15,000/- with default stipulation.

4. As the particulars of the informant is not readily available in the impugned judgment and order dated 22.05.2025 passed by the learned Special Judge, Biswanath in SPL (POCSO) Case No.15/2024, the records are required to be called for to ascertain the address of the informant so as to implead the informant as respondent no.2.

5. The order for impleading respondent no.2 will be passed after the records are received.

6. Appeal is admitted for hearing.

7. Call for the records.

8. The Court is inclined to appoint Shri Mrinmoy Dutta, as amicus curiae in the matter to represent the appellant. In the meanwhile, the AO(J), Criminal Appeal Section shall inform the learned amicus curiae about his appointment in the matter. The Registry shall reflect the name of Shir Mrinmoy Dutta, as amicus curiae for the appellant while listing the Page No.# 3/3

matter next.

9. List on 15.12.2025, awaiting receipt of TCR.

10. Let this order be brought to the notice of the Registrar (Judicial) in respect of observation made in para 2 of this order.

                       JUDGE                 JUDGE




Comparing Assistant