Sarpo Phangcho vs The State Of Assam And Anr
2025 Latest Caselaw 7245 Gua

Gauhati High Court

Sarpo Phangcho vs The State Of Assam And Anr on 11 September, 2025

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GAHC010200582025




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

                           Case No. : Crl.Rev.P./371/2025

           SARPO PHANGCHO
           SON OF LATE SARTHE PHANGCHO
           RESIDENT OF 3 NO. DILAOJAN
           SARTHE PHANGCHO GAON,
           P.S. BOKAJAN
           DIST. KARBI ANGLONG, ASSAM

           VERSUS

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

           2:LIRMIKA TERANGPI
            D/O LATE BORSING TERANG
           RESIDENT OF NO. 3 DILAOJAN
           VERANG TERANG GAON

           P.S. BOKAJAN
           DIST. KARBI ANGLONG
           ASSAM
           PIN-78248

Advocate for the Petitioner : MR. U K BARMAN, MS A RONGHANGPI,MR. R KONWAR,MR
D PEGU,MR H ALI
Advocate for the Respondent : PP, ASSAM,

                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

Date : 11.09.2025

1. Heard Mr. U. K. Barman, learned counsel for the petitioner. Also heard Page No.# 2/2

Ms. N. Das, learned Additional Public Prosecutor for the State.

2. This application under Section 442 read with Section 438 of BNSS has been filed by the petitioner, namely, Sarpo Phangcho impugning the judgment and order dated 16.07.2025 passed in Criminal Appeal No. 14/2022 by the Court of the learned Sessions Judge, Karbi Anglong, Diphu whereby it has been upheld the judgment and order dated 16.08.2022 passed in Sessions Case No. 03/2021 by the Court of learned Assistant Sessions Judge, Karbi Anglong, Diphu, whereby the petitioner was convicted under Section 354 of IPC and was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.10,000/- and in default of payment of fine to undergo simple imprisonment for two months. The petitioner was also convicted under Section 448 of the IPC and was sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.1,000/- and in default of payment of fine to undergo simple imprisonment for two weeks.

3. Let the notice be issued.

4. Since, the learned Additional Public Prosecutor has appeared for the respondent No. 1, no formal notice need to be issued to the said respondent.

5. As regard the respondent No. 2 is concerned, the petitioner shall take steps for issuance of notice upon the respondent No. 2 by registered post with A/D as well as by usual mode within seven days from the date of this order, returnable

on 22nd of October, 2025.

JUDGE

Comparing Assistant