Sri Deep Jyoti Deka vs The State Of Assam
2026 Latest Caselaw 312 Gua

Gauhati High Court

Sri Deep Jyoti Deka vs The State Of Assam on 21 January, 2026

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                           Page No.# 1/3

GAHC010136902025




                                                                    undefined

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

                                   Case No. : Crl.A./7/2026

            SRI DEEP JYOTI DEKA
            SON OF LATE JUGEN DEKA ALIAS GANESH DEKA,
            RESIDENT OF VILLAGE NA-KHULA GAON, KOINABORI MOINAJAN,
            P.S. - JAGIROAD,
            DIST - MORIGAON, ASSAM
            PIN - 782105



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY PP ASSAM

            2:SMTI RUMI BORA
            WIFE OF LUHIT CH BORA
             RESIDENT OF VILLAGE TARANGAPAR

            P.S. - JAGIROAD

            DIST - MORIGAON
            ASSAM
            PIN - 782410
            PRESENTLY RESIDING AT PURANIGUDAM

            P.S. - RUPOHI
             DIST - NAGAON
            ASSAM
            PIN - 78214

Advocate for the Petitioner   : MS PINKI DEKA, MS P DEKA,MS. P K ZANNAT,MR. S N
TAMULI

Advocate for the Respondent : PP, ASSAM,
                                                                       Page No.# 2/3




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

                                     ORDER

Date : 21.01.2026 [M. Choudhury, J]

Heard Ms. C. Gogoi, learned counsel appearing on behalf of the accused- appellant and Ms. B. Bhuyan, learned Senior Counsel and Additional Public Prosecutor assisted by Ms. R. Das, learned counsel for the respondent no. 1, State of Assam.

2. This criminal appeal under Section 415[2] of the Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred against a Judgment and Order dated 10.09.2024 passed by the Court of learned Additional Sessions Judge- cum-Special Judge [POCSO], Morigaon ['the Special Court', for short] in POCSO Case no. 295/2023, arising out of Jagiroad Police Station Case no. 229/2022. By the Judgment and Order dated 10.09.2024, the Special Court has convicted the accused-appellant for the offences under Section 376[3], Indian Penal Code [IPC] and Section 366, IPC. For the offence under Section 376[3], IPC, the accused-appellant has been sentenced to undergo rigorous imprisonment for life, which means imprisonment for the remainder of his natural life and to pay a fine of Rs. 20,000/-, with default stipulation. For the offence under Section 366, IPC, he has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 10,000/-, with default stipulation. The sentences are ordered to run concurrently.

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

Page No.# 3/3

4. The criminal appeal is admitted for hearing.

5. The case records of POCSO Case no. 295/2023 be called for.

6. Issue notice, returnable on 02.03.2026.

7. As Ms. Das, 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 Ms. Das 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.

9. The learned Additional Public Prosecutor shall obtain a report from the Officer In-Charge of the Jagiroad 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.

                                    JUDGE                 JUDGE




Comparing Assistant