Munindra Kalita vs The State Of Assam
2026 Latest Caselaw 291 Gua

Gauhati High Court

Munindra Kalita vs The State Of Assam on 21 January, 2026

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                      Page No.# 1/3

GAHC010073072025




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

                                Case No. : CRL.A(J)/199/2025

            MUNINDRA KALITA
            S/O, LATE RAJANI KALITA
            R/O, DAKHIN LENGA,
            P.O. AND P.S BAIHATA CHARIALI
            DIST- KAMRUP ASSAM

            VERSUS

            THE STATE OF ASSAM
            REP BY PP ASSAM

            2:SANKAR DEKA
             S/O LATE RAMANI DEKA
            R/O VILL- RUDRESWAR
            P.S. CHANGSARI
            DIST- KAMRUP
            ASSA

Advocate for the Petitioner   : MRS SANGEETA KHATANIAR,

Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
                 HONOURABLE MR. JUSTICE MANISH CHOUDHURY
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                           ORDER

Date : 21.01.2026 [M. Choudhury, J]

Heard Ms. S. Khataniar, learned Legal Aid Counsel for the accused-appellant Page No.# 2/3

and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the respondent no. 1, State.

2. This criminal appeal under Section 415[2] of the Bharatiya Nagarik Suraksha Sanhita is preferred against a Judgment and Order dated 07.06.2023 passed by the Court of learned Additional Sessions Judge-cum-Special Judge [POCSO], Amingaon, Kamrup in Special [P] Case no. 01/2022, arising out of Changsari Police Station Case no. 505/2021. By the Judgment and Order dated 07.06.2023, the accused-appellant has been convicted for the offence under Section 6 of the Protection of Children from Sexual Offences [POCSO] Act, 2012 and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 50,000/-, with default stipulation.

3. We have gone through the grounds urged in the memorandum of appeal.

4. The criminal appeal is admitted for hearing.

5. The case records of Special [P] Case no. 01/2022 be called for.

6. Issue notice, returnable on 27.02.2026.

7. As Mr. Kaushik, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent no. 1, issuance of formal notice to the respondent no. 1 is dispensed with. However, an extra copy of the memo of appeal along with annexures, is to be furnished to Mr. Kaushik within 3 [three] working days from today.

8. The accused-appellant shall take steps for service of notice upon the respondent no. 2 in terms of the Practice Directions laid down in the Notification no. 17 dated 15.03.2024.

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9. The learned Additional Public Prosecutor shall obtain a report from the Officer In-Charge of the Changsari Police Station as regards the service of notice upon the respondent no. 2 and place the same before this Court on or before the returnable date.

10. The name of Ms. S. Khataniar, learned Legal Aid Counsel is to be reflected in the appellant's side in the Cause-List.

                                     JUDGE                JUDGE




Comparing Assistant