Citation : 2025 Latest Caselaw 7744 Gua
Judgement Date : 13 October, 2025
Page No.# 1/2
GAHC010216522025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./379/2025
RUMID ALI
S/O. LT. TAPAJUL HUSSAIN, R/O. SAMAGURI GAON, P/S. AMGURI, DIST.
SIVASAGAR, ASSAM.
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
2:NITU GOGOI
S/O. SRI SONADHAR GOGOI
R/O. BELIMUKHIA DIBRUAL GAON
P/S. AMGURI
DIST. SIVASAGAR
ASSAM
PIN-78566
Advocate for the Petitioner : MR. N MAHAJAN, MR. D BORA,MR. P K DAS,MR. A
CHAUDHURY
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER
13.10.2025
Heard Mr. D. Bora, learned counsel appearing for the appellant. Also heard Page No.# 2/2
Mr. K.K. Parashar, learned Addl. Public Prosecutor for the State.
This is an appeal filed under Section 450(2) of the BNSS, 2023 by which
the appellant had challenged the Judgment and Order dated 16.08.2025 passed
by the learned Additional Session Judge - cum - Special Judge (POCSO),
Sivasagar in POCSO Case No. 26/2019.
By the said Judgment and Order, the appellant was convicted under
Section 354(A) of the IPC read with Section 10 of the POCSO Act and was
sentence to undergo RI for a period of five (5) years with fine and default
stipulation and under Section 10 of the POCSO Act.
Since the instant matter relates to an offence under the POCSO Act, it is
mandatory that the victim/or her guardian may be served with a notice.
As such, the appellant may take steps for service of notice upon the
informant i.e., respondent No. 2, the father of the victim through the office of
the P.P. as required under the law.
Admit the appeal.
Call for the records.
List the matter after three (3) weeks.
JUDGE
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