Rupeswar Gogoi vs The State Of Assam
2026 Latest Caselaw 318 Gua

Gauhati High Court

Rupeswar Gogoi vs The State Of Assam on 21 January, 2026

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                      Page No.# 1/3

GAHC010019252025




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

                                Case No. : CRL.A(J)/200/2025

            RUPESWAR GOGOI
            S/O , LATE KUKHESWAR GOGOI
            R/O, VILL- PUKHURI PORIA
            P.S. LALUK
            DIST- LAKHIMPUR, ASSAM


            VERSUS


            THE STATE OF ASSAM
            REP BY PP ASSAM

            2:SMTI SATYAWATI LALUNG
             W/O
             SRI LAKHIDHAR LALUNG
            R/O
             VILL- LALUNG KAPATOLI
            P.S- SILAPATHAR
            DIST- DHEMAJI
            ASSA

Advocate for the Petitioner   : MRS SANGEETA KHATANIAR,

Advocate for the Respondent : PP, ASSAM,
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                                   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 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 11.09.2024 passed by the Court of learned Special Judge [POCSO], Dhemaji in Special [POCSO] Case no. 02/2020, arising out of Silapathar Police Station Case no. 364/2019. By the Judgment and Order dated 11.09.2024, the accused-appellant has been convicted for the offences under Section 4 and Section 8 of the Protection of Children from Sexual Offences [POCSO] Act, 2012. For the offence under Section 4, POCSO Act, he has been sentenced to undergo rigorous imprisonment for twenty years and to pay a fine of Rs. 10,000/-, with default stipulation. For the offence under Section 8, POCSO Act, the accused-appellant has been sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 3,000/-, with default stipulation. The sentences are ordered to run concurrently.

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 [POCSO] Case no. 02/2020 be called for.

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6. Issue notice, returnable on 02.03.2026.

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.

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