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GAHC010220912024

2026:GAU-AS:4847

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

Case No. : I.A.(Crl.)/994/2024

BISHNU DUTTA S/O. SRI BIPUL DUTTA, R/O. VILL. SINATOLIA, RUPNAGAR, P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM.

VERSUS

THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM.

2:BASANTI DAS W/O. SRI MOHAN SINGH

R/O. VILL. KHELMATI LACHIT NAGAR WARD NO. 14

P/S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM

Advocate for the Petitioner : MS. S G BARUAH, MR. S NEOG,MR B SAIKIA,MR. B BORGOHAIN

Advocate for the Respondent : PP, ASSAM, MR. U K DAS, LEGAL AID COUNSEL, R2

Linked Case : Crl.A./346/2024 BISHNU DUTTA

S/O. SRI BIPUL DUTTA R/O. VILL. SINATOLIA

RUPNAGAR

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P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM. VERSUS

THE STATE OF ASSAM AND ANR REP. BY THE PP

ASSAM.

2:BASANTI DAS W/O. SRI MOHAN SINGH R/O. VILL. KHELMATI LACHIT NAGAR

WARD NO. 14 P/S. NORTH LAKHIMPUR

DIST. LAKHIMPUR ASSAM. ------------

Advocate for : MS. S G BARUAH Advocate for : PP

ASSAM appearing for THE STATE OF ASSAM AND ANR

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:::BEFORE:::

HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA

Date on which judgment is reserved : 24.03.2026 Date of pronouncement of judgment :

Whether the pronouncement is of the : N/A operative part of the judgment ?

Whether the full judgment has been : Yes pronounced?

JUDGMENT & ORDER (CAV)

Heard Ms. S.G. Baruah, learned counsel for the appellant. Also heard Mr.

B. Sharma, learned Public Prosecutor for the State and Mr. U.K. Das, learned Legal Aid Counsel for the respondent no.2.

2. This appeal is directed against the impugned judgment and order dated 05.08.2024 passed by the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur in Special (POCSO) Case No.22/2017 under Section 4 of POCSO Act, 2012 convicting the accused appellant/accused person to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.7,000/- and in default to undergo simple imprisonment for 5 months and also under Section 363 IPC convicting the appellant/accused person to undergo rigorous imprisonment for 2 years and pay a fine of Rs.1000/- and in default to undergo simple

imprisonment for 1 months.

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3. The facts of the case may be briefly recounted.

4. The factual background leading to the prosecution of accused Bishnu Dutta U/S 363/376 of IPC R/W Section 4 of POCSO Act is that, on 09.06.2017 informant Basanti Das lodged an FIR alleging that, on 09.06.2017 her daughter was found missing from the room of her house where she was studying. On enquiry, she came to know that, accused Bishnu Dutta

kidnapped her daughter.

5. On receipt of the ejahar, In-Charge of Khelmati Police out post made GD entry No. 204 dated 10.06.2017 and forwarded the same to the North Lakhimpur Police Station for registering a case under proper sections of law. Accordingly, the Officer-in-Charge of North Lakhimpur Police Station registered a case vide NL P.S. Case No. 722/2017 U/S- 363 of IPC. Thereafter, police conducted investigation of the case and after completion of investigation, the concerned I/O submitted Charge-sheet U/S-366(A) of IPC R/W section 4 of

POCSO Act against the accused

6. Though the charge was earlier framed U/S 8 of POCSO Act, but as from scrutiny of materials on record, the elements of offences U/S 363/376 of IPC and Section 4 of POCSO Act was revealed, hence offence U/S 8 of POCSO Act was altered and charge was re-framed U/S 363/376 of IPC and Section 4 of POCSO Act vide order dated 31.07.2023 and particulars of the charges on being read over and explained to the accused, the accused pleaded not guilty and

claimed to face trial.

7. During trial, prosecution side examined as many as 6 (six) witnesses including the M/O and I/O of the case. After closure of the prosecution evidences, the accused was examined under section 313 of the Cr. P.C. The plea

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of the accused was of total denial. Defence adduced evidence of one DW.

8. At this stage, the evidence on record may

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