Citation : 2026 Latest Caselaw 316 Gua
Judgement Date : 21 January, 2026
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GAHC010242452025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/172/2025
DIPAK DAS
S/O SRI DAMBARU DAS, VILL- DA PARBATIA, SAUDAR CHUBURI, P.S.-
TEZPUR, DIST- SONITPUR
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : X,
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]
This criminal appeal from jail is preferred against a Judgment and Order dated 09.09.2025 passed by the Court of learned Special Judge, POCSO, Sonitpur, Tezpur ['the Special Court', for short] in Special POCSO Case no. 02/2024, arising out of Dhekiajuli Police Station Case no. 850/2023. By the Page No.# 2/3
Judgment and Order dated 09.09.2025, the Special Court has convicted the accused-appellant for the offence under Section 6, Protection of Children from Sexual Offences [POCSO] Act, 2012 and he has been sentenced to undergo rigorous imprisonment for life, which shall mean imprisonment for the remainder of natural life of the accused and to pay a fine of Rs. 20,000/-, in default of payment of fine, to undergo further rigorous imprisonment for six months.
2. We have gone through the grounds urged in the memorandum of appeal.
3. The criminal appeal is admitted for hearing.
4. The case records of Special POCSO Case no. 02/2024 be called for.
5. Issue notice, returnable on 27.02.2026.
6. As Ms. A. Begum, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent State, issuance of formal notice to the respondent State is dispensed with. However, an extra copy of the memo of appeal along with annexures, is to be furnished to Ms. Begum within 3 [three] working days from today.
7. The accused-appellant shall take steps for service of notice upon the victim/guardian/support person in terms of the Practice Directions laid down in the Notification no. 17 dated 15.03.2024.
8. The learned Additional Public Prosecutor shall obtain a report from the Officer In-Charge of the Dhekiajuli Police Station as regards the service of notice upon the victim/guardian/support person and place the same before this Court on or before the returnable date.
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9. As the accused-appellant is to be represented, we deem it proper to appoint Ms. Sumita Gohain Baruah, learned counsel from the list of Amicus Curiae. Ms. S.G. Barua is to be informed accordingly.
10. The name of Ms. S.G. Barua, learned Amicus Curiae appointed to represent the accused-appellant is to be reflected in the Cause-List.
JUDGE JUDGE Comparing Assistant
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