Citation : 2025 Latest Caselaw 7740 Gua
Judgement Date : 13 October, 2025
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GAHC010181512025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./336/2025
MANAB JYOTI DAS
S/O - BISHNURAM DAS
R/O - GABHORU ALI, NEAR NAMGHAR, DAKHIN DOLIJOLIA GAON,
PO AND PS - DERGAON
DIST - GOALGHAT, ASSAM
PIN - 785614
VERSUS
THE STATE OF ASSAM
REPRESENTED BY PP, ASSAM
Advocate for the Petitioner : MR. RAMKRISHNA SARMA, MS. A KHARBANI,MR. R K
SARMA,MR J DAS,MR. D CHOUDHURY
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER
Date : 13.10.2025
1. Heard Mr. T Chakraborty, learned counsel for the petitioner. Also heard Mr. K.K Parashar, learned Additional Public Prosecutor for the State of Assam.
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2. This is an appeal filed under Section 415(2) of the BNSS, 2023 by which the appellant has challenged the judgment and order dated 14.05.2025 by which the appellant was convicted under Section 448/35(A)(I)(i) IPC and was sentenced to undergo simple imprisonment for 6(six) months under Section 448 IPC and to undergo rigorous imprisonment for a period of 2(two) years with find and default stipulation under Section 354(A)(2) of IPC. The sentences were directed to run concurrently.
3. Admit the appeal.
4. Call for the records.
5. Since this matter relates to an offence under the POCSO Act, the victim or her guardian has to be put to notice. As such, the petitioner shall take steps for service of notice upon respondent No. 2 i.e. the mother of the victim through the office of the Public Prosecutor as required under the law.
6. List the matter after 3(three) weeks.
JUDGE
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