Sirajul Ansari @ Raju vs State Of Assam

Manish Choudhury, J

This criminal appeal from jail is preferred against a Judgment and Order dated 17.05.2025 passed by the Court of learned Additional Sessions Judge – cum – Special Judge [POCSO], Sivasagar in Special [POCSO] Case no. 12/2024 [‘the Trial Court’, for short], which arose out of Amguri Police Station Case no. 25/2023. By the Judgment and Order dated 17.05.2025, the accused-appellant has been convicted for the offences under Section 366 and Section 376 of the Indian Penal Code [IPC] and Section 6 of the Protection of Children from Sexual Offences [POCSO] Act, 2012. In view of Section 42 of the POCSO Act, the accused-appellant has been sentenced under Section 6 of the POCSO Act to undergo rigorous imprisonment for 20 [twenty] years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo further rigorous imprisonment for a period of six months. For the offence under Section 366 IPC, the accused-appellant has been sentenced to undergo rigorous imprisonment for 2 [two] years and to pay a fine of Rs. 2,000/-, with default stipulations. The sentences are ordered to run consecutively.

We have gone through the contents of the memorandum of appeal.

The criminal appeal is admitted for hearing.

The case records of Special [POSCO] Case no. 12/2024 be called for.

Issue notice, returnable in 4 [four] weeks.

As Ms. Begum, learned Additional Public Prosecutor, Assam has appeared and accepted notice on behalf of the respondent State of Assam, issuance of formal notice in respect of the said respondent stands dispensed with. The learned counsel for the accused-appellant shall furnish an extra copy of the memo of appeal along with annexures, to Ms. Begum within 3 [three] working days from today.

Necessary steps for service of notice upon the victim/guardian/support person as the respondent no. 2 shall be taken in terms of the Practice Direction laid down in the Notification no. 17 dated 15.03.2024.

The learned Additional Public Prosecutor is to obtain a report from the Officer In-Charge of the Amguri Police Station as regards the service of notice upon the victim/guardian/support person and place the same on record on or before the returnable date.

The Court deems it proper, in the interest of justice, to appoint Mr. Bikash Prasad from the Panel of Amici Curiae to represent the accused appellant in this appeal. Mr. Bikash Prasad, learned Amicus Curiae is to be informed accordingly.

List the appeal after 4 [four] weeks.

The name of Mr. Bikash Prasad, learned Amicus Curiae is to be reflected in the appellants’ side in the Cause-List.