Suleman Khan vs The State Of Assam And Anr
2025 Latest Caselaw 6990 Gua

Gauhati High Court

Suleman Khan vs The State Of Assam And Anr on 3 September, 2025

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GAHC010194262025




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

                                   Case No. : Crl.A./344/2025

            SULEMAN KHAN
            S/O MOTIYUR RAHMAN KHAN, RESIDENT OF VILLAGE BHAWANIPUR, P.S
            BHAWANIPUR., DISTRICT -BAJALI, ASSAM

            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:MATALEB HUSSAIN
             S/O LATE ABDUL BAREQUE
             RESIDENT OF VILLAGE SUKMANAH
             P.S. BARPETA
             DISTRICT- BARPETA
            ASSAM

Advocate for the Petitioner   : MS. G DEKA, MR. K UDDIN,T M LAHKAR,MR K K KALITA

Advocate for the Respondent : PP, ASSAM,



             Linked Case : I.A.(Crl.)/959/2025

            SULEMAN KHAN
            S/O MOTIYUR RAHMAN KHAN
            RESIDENT OF VILLAGE BHAWANIPUR
            P.S BHAWANIPUR.
            DISTRICT -BAJALI
            ASSAM


             VERSUS
                                                                      Page No.# 2/3

          THE STATE OF ASSAM AND ANR.
          REPRESENTED BY THE PUBLIC PROSECUTOR
          ASSAM

          2:MATALEB HUSSAIN
          S/O LATE ABDUL BAREQUE
           RESIDENT OF VILLAGE SUKMANAH
           P.S. BARPETA
           DISTRICT- BARPETA
          ASSAM.
           ------------
          Advocate for : MS. G DEKA
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                   BEFORE
              HON'BLE MRS. JUSTICE MITALI THAKURIA

                                    ORDER

03-09-2025

Heard Ms. G. Deka, learned counsel for the appellant 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 30.06.2025, passed by the learned Sessions Judge (POCSO), Bajali in Special (POCSO) Case No. 27/2021, convicting the appellant under Section 448 IPC and Section 8 of the POCSO Act and sentencing him to undergo R.I. for 4 (four) years with fine of Rs.5,000/- with default stipulation for the offence under Section 8 of the POCSO Act and further sentence with fine of Rs.1,000/- and in default of payment to undergo S.I. for 3 (three) months for committing the offence under Section 448 IPC.

Issue notice.

Since Mr. M. P. Goswami, learned Additional Public Prosecutor, has Page No.# 3/3

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 appellant is 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