Gauhati High Court
Horen Bhuyan vs The State Of Assam And Anr on 19 November, 2025
Author: K.R. Surana
Bench: Kalyan Rai Surana
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GAHC010041152025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/92/2025
HOREN BHUYAN,
S/O SRI ROTIYA BHUYAN, R/O VILLAGE KHUNTAI HENDURITING T.E, P.O.-
BADULIPUR, P.S.- KAMARGAON, DISTRICT- GOLAGHAT, PIN 785611
VERSUS
THE STATE OF ASSAM AND ANR
REP BY THE PP, ASSAM
2:SMT ANJU GHATOWAR
W/O SRI GOBIN GHATOWAR
R/O - NEGHERITING NO. 12 LINE
P.S.- DERGAON
DISTRICT - GOLAGHAT
ASSA
Advocate for the Petitioner : MS. M K BROWN,
Advocate for the Respondent : PP, ASSAM,
Linked Case : I.A.(Crl.)/723/2025
HOREN BHUYAN
S/O SRI ROTIYA BHUYAN
R/O VILLAGE KHUNTAI HENDURITING T.E
P.O.- BADULIPUR
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P.S.- KAMARGAON
DISTRICT- GOLAGHAT
PIN 785611
VERSUS
STATE OF ASSAM AND OTHERS
REP BY PP
ASSAM
2:SMT ANJU GHATOWAR
W/O SRI GOBIN GHATOWAR
R/O - NEGHERITING NO. 12 LINE
P.S.- DERGAON
DISTRICT - GOLAGHAT
ASSAM
------------
Advocate for : MS. M K BROWN
Advocate for : PP
ASSAM appearing for STATE OF ASSAM AND OTHERS
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 19.11.2025
(K.R. Surana, J)
Heard Ms. M.K. Brown, learned counsel for the appellant and Mr. R.R.
Kaushik, learned APP for the State.
2. This is an appeal preferred by the appellant from jail under Section 415(2)
of the BNSS, 2023 read with Section 528 thereof against the judgment and
order dated 30.09.2024 passed by the learned Special Judge (POCSO), Golaghat
in Special POCS Case No. 50/2021, whereby the appellant was convicted and
sentenced to undergo simple imprisonment for a period of 3 years and a fine of
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Rs.5,000/- with default stipulation under Section 363 IPC and further rigorous
imprisonment of 20 years and pay a fine of Rs.10,000/- with default stipulation
under Section 6 of the POCSO Act.
3. Appeal is admitted for hearing.
4. Call for the records.
5. Issue notice returnable on 15.12.2025.
6. No steps is required to be taken in respect of respondent no.1 as the
learned APP has accepted notice for respondent no.1.
7. The learned legal aid counsel for the appellant shall take steps within
2 (two) days for service of notice on the respondent no.2 by speed post with
A/D. In addition, a set of written up notices shall be filed, which shall be
processed by the Registry and hand over to the office of the Public Prosecutor,
Assam for onward service to the respondent no.2 through the jurisdictional
Dergaon P.S. in the district of Golaghat.
8. In the notice, it shall be indicted that in the event the respondent no.2
is unable to engage a counsel, she may apply before the Gauhati High Court
Legal Aid Committee for appointment of a legal aid counsel to represent her
interest. The Court also reserves right to appoint Amicus Curiae to represent the
interest of the respondent no.2, if so warranted.
9. The Officer-in-Charge of jurisdictional Dergaon P.S. shall ensure that
the service report is returned to the Court through the office of the Public
Prosecutor, Assam before the next date of listing.
10. List on 15.12.2025, awaiting receipt of TCR as well as service report.
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JUDGE JUDGE
Comparing Assistant
