Md. Jakir Hussain vs The State Of Assam And Anr
2026 Latest Caselaw 1059 Gua

Gauhati High Court

Md. Jakir Hussain vs The State Of Assam And Anr on 11 February, 2026

Author: Nelson Sailo

Bench: Nelson Sailo

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GAHC010010592026




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

                                  Case No. : Crl.A./44/2026

            MD. JAKIR HUSSAIN
            S/O MAHAMMAD SULTAN, R/O MAUDHABURJU, P.S.- PATEPUR, DIST.-
            VAISHALI, BIHAR.


            VERSUS


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


            2:MUSTAFA SIDIKI
             S/O MD. RAFTA SIDIKI
             R/O BORSOJAI
             BIKASH NAGAR
             NAMGHAR PATH
             HOUSE NO. 18
             BASISTHA
             P.S.- BASISTHA
             DIST- KAMRUP (M)
            ASSAM
             PIN-78103


Advocate for the Petitioner   : MR R HUSSAIN, B DUTTA,MS M MEDHI


Advocate for the Respondent : PP, ASSAM,
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                                 BEFORE
                     HONOURABLE MR. JUSTICE NELSON SAILO
                     HONOURABLE MR. JUSTICE PRANJAL DAS

                                       ORDER

11-02-2026 (Nelson Sailo, J)

Heard Mr. R Hussain, learned counsel for the appellant, who submits that the instant appeal is directed against the judgment and order dated 12.11.2025 passed by the learned Additional Sessions Judge cum Special Judge (POCSO), Kamrup (M), Guwahati in Sessions (Special) Case No. 41/2024 corresponding to Basistha P.S. Case No. 261/2022 by which the appellant has been convicted under Section 6 of the POCSO Act as well as under Section 376(3) of the IPC and on his conviction he was sentenced to undergo rigorous imprisonment for 20 (twenty) years and to pay a fine of Rs.50,000/- with a default clause. No separate sentence was passed under Section 376(3) of the IPC.

Admit the appeal. Call for the Trial Court Records (TCR).

Issue notice to the State as well as the complainant.

Mr. RR Kaushik, learned Additional Public Prosecutor accepts notice on behalf of the State respondent.

Registry to furnish requisite papers to him within 2 (two) days. Also issue notice to the complainant through the office of the Additional Public Prosecutor, who shall in turn cause notice to the complainant through the Officer-In-Charge of the Police Station concerned.

Registry shall furnish the notice in the proper format to the office of the Additional Public Prosecutor within 3 (three) days whereafter notice shall be served to the complainant through the Officer-In-Charge of the Police Station Page No.# 3/3

concerned and the service report be returned back to this Court through the same office.

List the matter on receipt of the TCR.

                      JUDGE                    JUDGE




Comparing Assistant