Page No.# 1/3 vs The State Of Assam And Anr
2025 Latest Caselaw 6988 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 3 September, 2025

                                                                     Page No.# 1/3

GAHC010186712025




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                            THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Crl.A./333/2025

          DIDARUL ISLAM AND ANR.
          S/O. KUTUB UDDIN, VILL.- TARANIPUR, P/S. KATIGORAH, DIST. CACHAR,
          ASSAM, PIN-788805.

          2: BAHAR UDDIN BARBHUIYA @ BAHAR UDDIN
           S/O. LT. FARUK UDDIN
           R/O. VILL.- GOBINDAPUR
           P/S. KATIGORAH
           DIST. CACHAR
          ASSAM PIN-78810

          VERSUS

          THE STATE OF ASSAM AND ANR.
          REP BY THE PP ASSAM

          2:PIJUSH DAS
           S/O. LT. BRAJENDRA DAS
           R/O. VILL.- NAZATPUR
           P/S. KATIGORAH
           DIST. CACHAR
          ASSAM PIN-788805

Advocate for the Petitioner : MR. A ISLAM, MR. L R MAZUMDER
Advocate for the Respondent : PP, ASSAM,


           Linked Case : I.A.(Crl.)/936/2025

          DIDARUL ISLAM AND ANR.
          S/O. KUTUB UDDIN
          VILL.- TARANIPUR
          P/S. KATIGORAH
          DIST. CACHAR
                                                                      Page No.# 2/3

          ASSAM PIN-788805.

          2: BAHAR UDDIN BARBHUIYA @ BAHAR UDDIN
          S/O. LT. FARUK UDDIN
           R/O. VILL.- GOBINDAPUR
           P/S. KATIGORAH
           DIST. CACHAR
          ASSAM PIN-788101

          VERSUS

          THE STATE OF ASSAM AND ANR
          REP. BY THE PP
          ASSAM.

          2:PIJUSH DAS
          S/O. LT. BRAJENDRA DAS
           R/O. VILL.- NAZATPUR
           P/S. KATIGORAH
           DIST. CACHAR
          ASSAM PIN-788805.
           ------------
          Advocate for : MR. A ISLAM
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR



                                   BEFORE
              HON'BLE MRS. JUSTICE MITALI THAKURIA

                                    ORDER

03-09-2025

Heard Mr. L. R. Mazumdar, learned counsel for the appellants and Mr. M. P. Goswami, learned Additional Public Prosecutor, for the State respondent.

This is application under Section 415 of the BNSS, 2023 against the impugned judgment and order dated 17.07.2025, passed by the learned Special Judge (P), Cachar, Silchar in Special (POCSO) Case Case No. 203/2024, whereby the appellants were convicted under Section 506 IPC and sentenced them to undergo R. I. for 6 (six) months with fine of Rs.1,000/- each, and further to Page No.# 3/3

undergo R.I. for 5 (five) years with fine of Rs. 20,000/- each for the offence committed under Section 8 of the POCSO Act, with default stipulation.

Issue notice.

Since Mr. M. P. Goswami, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of State respondent No. 1, no formal notice is required to be issued to the said respondent. However, he shall be provided with requisite extra-copy of the appeal, if not already furnished, during the course of the day.

Appellant side to take steps for service of notice upon respondent No. 2 by registered post with A/D as well as through usual process within a week from today.

In addition to that, the appellants are also hereby allowed to take steps through the Officer-In-Charge of the concerned Police Station, which shall be routed through the Registry as well as the Office of the Public Prosecutor.

Call for the TCR.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant