Md. Ejajul Hoque vs The State Of Assam And Anr
2026 Latest Caselaw 1088 Gua

Gauhati High Court

Md. Ejajul Hoque vs The State Of Assam And Anr on 11 February, 2026

Author: Nelson Sailo

Bench: Nelson Sailo

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GAHC010278172025




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


                                  Case No. : Crl.A./45/2026

            MD. EJAJUL HOQUE
            S/O MD. MOJIBUR RAHMAN, R/O DAKHIN KALIKAJARI, P.S.-
            MIKIRBHETA, DIST.- MORIGAON, ASSAM.


            VERSUS


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


            2:MD. ABDUL KADIR
             S/O LATE HASEN ALI
             R/O DAKHIN KALIKAJARI
             P.O.- MIKIRBHETA
             DIST.- MORIGAON
            ASSAM


Advocate for the Petitioner   : MR S BORTHAKUR, MS. P BORAH


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 Ms. P Borah, learned counsel for the appellant, who submits that the instant appeal is directed against the judgment and order dated 06.11.2025 passed by the learned Additional Sessions Judge cum Special Judge (POCSO), Morigaon in POCSO Case No. 93/2024 corresponding to Mikirbheta P.S. Case No. 36/2024 by which the appellant has been convicted under Section 6 of the POCSO Act as well as under Section 366 of the IPC and on his conviction under Section 366 IPC, the appellant is sentenced to undergo rigorous imprisonment for 10 (ten) years with a fine of Rs.5,000/- with a default clause. For his conviction under Section 6 of the POCSO Act, he has been sentenced to undergo rigorous imprisonment for 20 (twenty) years with a fine of Rs.15,000/- with a default clause. Both the sentences except for the fine has been directed to run concurrently.

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 Page No.# 3/3

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 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