GAUHATI HIGH COURT ISSUES ORDER ON ASSADUL ISLAM ALIAS ASADUL ISLAM V/S THE STATE OF ASSAM AND ANR

GUWAHATI, India, June 16 -- Gauhati High Court issued the following order on May 15:

1. Heard Mr. A. I. Uddin, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam as well as Ms. S. G. Baruah, learned counsel appearing for the respondent/opposite party No. 2.

2. The instant application under Sections 438/442 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, read with Article 227 of the Constitution of India, has been filed assailing the order dated 11.08.2025, passed by the learned Special Judge (POCSO), Lakhimpur, in Special POCSO Case No. 143/2025, arising out of Lakhimpur Police Station Case No. 54/2025, registered under Sections 76/65(1) of the BNS, 2023, read with Section 4 of the POCSO Act, 2012 (hereinafter referred to as POCSO Act), though the charge-sheet was submitted under Sections 75(2)/64(1) of the BNS, 2023, but the learned Special Judge (POCSO), Lakhimpur framed the charge under Sections 76/65(1) of the BNS, 2023, read with Section 4 of the POCSO Act. The petitioner has also assailed the order dated 26.06.2025, passed by the learned Sessions Judge, Lakhimpur, in Sessions Case No. 93/2025 (corresponding to Special POCSO Case No. 143/2025), whereby the learned Sessions Judge, Lakhimpur, transferred the case to the Court of the learned Special Judge (POCSO) with a direction to register the same as a POCSO case and proceed with the trial after determination of the age of the alleged victim as per law.

3. The facts giving rise to the instant petition, in brief, are that the informant, i.e., the opposite party No. 2, lodged an FIR alleging, inter alia, that on 10.03.2025 at about 6:00 PM, her minor daughter, stated to be about 16 years of age, while returning home from her brother's house was allegedly raped by the petitioner after threatening her with a sharp weapon. It was further alleged that the petitioner threatened the victim with dire consequences in the event of disclosure of the incident.

4. Upon receipt of the FIR, the police registered a case under Sections 76/65(1) of the BNS, 2023, read with Section 4 of the POCSO Act, being Lakhimpur Police Station Case No. 54/2025.

5. During the course of investigation, the police got the victim medically examined and on such medical examination, the age of the victim was found to be above 18 years. Accordingly, the police submitted the charge-sheet, vide Charge-sheet No. 78/2025 dated 08.05.2025 under Sections 75(2)/64(1) of the BNS, 2023. After registration of the case, the police arrested the petitioner on 16.03.2025 and he was produced before the Court of the learned Chief Judicial Magistrate (CJM), Lakhimpur. The learned Chief Judicial Magistrate remanded him to judicial custody, and since then the petitioner is behind the bars.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xzx11bq6npTwE0fItaSbjIOKuneyf370zcWoQ40O3ohH&caseno=Crl.Rev.P./459/2025&cCode=1&cino=GAHC010246282025&state_code=6&appFlag=)

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