Citation : 2025 Latest Caselaw 8057 Gua
Judgement Date : 27 October, 2025
Page No.# 1/3
GAHC010183342025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./326/2025
SUKLAL SARKAR
S/O. LT. ADHANYA SARKAR @ PRADHAN SARKAR, R/O. BATASI, P/S.
KHARIBARI, DIST. DARJEELING, WEST BENGAL.
VERSUS
THE STATE OF ASSAM ANR.
REP. BY THE PP, ASSAM
2:RAKESH DEKA
S/O. LT. CHAMPAK DEKA
R/O. BISHNUPUR
P/S. BHARALUMUKH
DIST. KAMRUP (M)
ASSAM
Advocate for the Petitioner : MR P SONOWAL, MR H BORAH,P P BORA
Advocate for the Respondent : PP, ASSAM,
Linked Case : I.A.(Crl.)/920/2025
SUKLAL SARKAR
S/O. LT. ADHANYA SARKAR @ PRADHAN SARKAR
R/O. BATASI
P/S. KHARIBARI
DIST. DARJEELING
WEST BENGAL
Page No.# 2/3
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE PP
ASSAM
2:RAKESH DEKA
S/O. LT. CHAMPAK DEKA
R/O. BISHNUPUR
P/S. BHARALUMUKH
DIST. KAMRUP (M)
ASSAM.
------------
Advocate for : MR P SONOWAL
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HON'BLE MRS. JUSTICE SHAMIMA JAHAN
ORDER
27.10.2025
Heard Mr. P.P. Bora, learned counsel for the appellant and Mr. R.R.
Kaushik, learned Addl. PP for the State.
This is a Criminal Appeal filed u/s 415(2) of the BNSS, 2023 challenging
the Judgment dated 31.05.2023 and the sentencing order dated
16.06.2025 by which the appellant was convicted u/s 332(c)/74 of the BNS,
2023 r/w section 10 of the POCSO Act, and was sentenced to undergo 1
year rigorious imprisonment with fine and default stipulation u/s 74 of BNS, Page No.# 3/3
2023 as well as 1 year rigorious imprisonment with fine and default
stipulation u/s 332(c) of the BNS, 2023 as well as 5 years rigorious
imprisonment with fine and default stipulation u/s 10 of the POCSO Act.
Admit the appeal.
Call for the records.
Issue notice to the informant.
The appellant is to take steps for service of notice upon respondent No.
2 as per the prevailing notification since the offense punished is under the
POCSO Act.
List the matter after 3 (three) weeks.
JUDGE
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