Citation : 2025 Latest Caselaw 8024 Gua
Judgement Date : 24 October, 2025
Page No.# 1/3
GAHC010204992025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/148/2025
JATIN MAHANTA
S/O- LATE KRISHNA MAHANTA, R/O- NAKATONI KONWARPUR, P.S. AND
DIST. SIVASAGAR, 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 MANISH CHOUDHURY
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : --24.10.2025 [M. Choudhury, J]
This criminal appeal from jail is preferred against a Judgment and Order dated 22.08.2025 passed by the Court of learned Additional Sessions Judge - cum - Special Judge [POCSO], Sivasagar in Special [POCSO] Case no. 10/2024 ['the Trial Court', for short], which arose out of Sivasagar Police Station Case no. 183/2023. By the Judgment and Order dated Page No.# 2/3
22.08.2025, the accused-appellant has been convicted for the offence under Section 6, of the Protection of Children from Sexual Offences [POCSO] Act, 2012 and he has been sentenced to undergo rigorous imprisonment for 20 [twenty] years and to pay a fine of Rs. 10,000/-, with default stipulation.
2. We have gone through the contents of the memorandum of appeal.
3. The criminal appeal is admitted for hearing.
4. The case records of Special [POCSO] Case no. 10/2024 be called for.
5. Issue notice, returnable in 4 [four] weeks.
6. As Ms. Begum, learned Additional Public Prosecutor, Assam has appeared and accepted notice on behalf of the respondent State of Assam, issuance of formal notice in respect of the said respondent stands dispensed with. The learned counsel for the accused-appellant shall furnish an extra copy of the memo of appeal along with annexures, to Ms. Begum within 3 [three] working days from today.
7. Necessary steps for service of notice upon the victim/guardian/support person as the respondent no. 2 shall be taken in terms of the Practice Direction laid down in the Notification no. 17 dated 15.03.2024.
8. The learned Additional Public Prosecutor is to obtain a report from the Officer In- Charge of the Sivasagar Police Station as regards the service of notice upon the victim/guardian/support person and place the same on record on or before the returnable date.
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9. The Court deems it proper, in the interest of justice, to appoint Mr. Arnav Das from the Panel of Amici Curiae to represent the accused appellant in this appeal. Mr. Arnav Das, learned Amicus Curiae is to be informed accordingly.
10. List the appeal after 4 [four] weeks.
11. The name of Mr. Arnav Das, learned Amicus Curiae is to be reflected in the appellants' side in the Cause-List.
JUDGE JUDGE Comparing Assistant
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