Gauhati High Court
CRL.A(J)/170/2025 of MOHIBUL ISLAM Vs THE STATE OF ASSAM on 20 August 2026
GAHC010242392025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRL.A(J)/170/2025 MOHIBUL ISLAM S/O KASEM ALI, VILL- BHALUKI, P.S.- BARPETA ROAD, DIST- BARPETA, STATE- ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC
GAHC010242392025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/170/2025
MOHIBUL ISLAM
S/O KASEM ALI, VILL- BHALUKI, P.S.- BARPETA ROAD, DIST- BARPETA, STATE- ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:SUDEV SARKAR
S/O LT. SENINRAM SARKAR
R/O VILLAGE
KAWAIMARI 7 NO. BLOCK
DISTRICT BARPETA
ASSAM
PS SARTHEBAR
Advocate for the Petitioner : X, MR. M KHATANIAR, AMICUS CURIAE
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
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ORDER
Date : 21/08/2026 (Michael Zothankhuma, J)
1. Heard Mr. R. Ali, learned counsel for the appellant in Criminal Appeal
No. 95/2026. Also heard Ms. A. Begum, learned APP.
2. This appeal has been listed today along with Criminal Appeal (J) No. 170/2025, on account of the fact that the Trial Court records, relevant for disposal of Criminal Appeal 95/2026, had been sent to the Registry of this Court in relation to Criminal Appeal (J) No. 170/2025.
3. Though the regular cause list for 21/08/2026 reflects the listing of Criminal Appeal 95/2026 at Sl. No. 12 along with Criminal Appeal (J) No. 170/2024 at Sl. No. 13, the records of Criminal Appeal (J) 170/2025 has been listed and not Criminal Appeal (J) 170/2024. It may be stated that there is no connection between the present case and Criminal Appeal (J) 170/2024.
4. In view of the above anomaly, a new Production Cause List has been prepared showing that Criminal Appeal 95/2026 is listed along with Criminal Appeal (J) 170/2025.
5. A perusal of both the appeals, i.e. Criminal Appeal 95/2026 and Criminal Appeal (J) 170/2025 shows that the appellant is the same in both the appeals and the challenge is to the same impugned judgment dated 29/01/2024, passed by the Court of the learned Additional Sessions Judge-cum Special Judge (POCSO) Barpeta, in Special (POCSO) case No. 53/2020, arising out of Sarthebari PS case no. 200/2020, by which the appellant has been convicted under section 4 (2) of the POCSO Act read with Section 363 IPC.
6. As the appellant cannot be allowed to file two appeals against the same impugned judgment, we hereby close the Jail Appeal i.e. Criminal Appeal (J) 170/2025.
7. The TCR that has been sent in relation to Criminal Appeal (J) 170/2025, shall now be tagged along with Criminal Appeal 95/2026 and the
Registry shall inform the learned Trial Court with regard to the TCR of Special (POCSO) case no. 53/2020, being kept in this Court along with Criminal Appeal 95/2026.
8. The appeal accordingly stands closed.
JUDGE JUDGE Comparing Assistant