SRI SARAT PHUKAN vs THE STATE OF ASSAM AND ANR. Advocate - PP, ASSAM — Crl.A. /124/2026

Case under Bharatiya Nagarik Suraksha Sanhita Section 415(2). Disposed: Contested--Disposed Of on 01st April 2026.

CNR: GAHC010064422026

CASE DISPOSED

e-Filing Number

25-03-2026

Filing Number

Crl.A. /2797/2026

Filing Date

25-03-2026

Registration No

Crl.A. /124/2026

Registration Date

30-03-2026

Judge

HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA , HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

Coram

HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA , HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

Bench Type

Division Bench

Category

10250 - Appeals against conviction for offences under IPC. ( 212 )

Judicial Branch

Criminal Section

Decision Date

01st April 2026

Nature of Disposal

Contested--Disposed Of

Acts & Sections

Bharatiya Nagarik Suraksha Sanhita Section 415(2)

Petitioner(s)

SRI SARAT PHUKAN

Adv. U SWARGIARY,MR. B PHUKAN,MR. B PHUKAN, ,MR. R BURAGOHAIN,MR. B PHUKAN

Respondent(s)

THE STATE OF ASSAM AND ANR. Advocate - PP (Public Prosecutor), ASSAM

SMTI MOUSUMI BARUAH

Orders

01-04-2026
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA,HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

The Gauhati High Court set aside the conviction of Sri Sarat Phukan under Section 376 AB IPC and remanded the case to the trial court because the trial court altered the charge from Section 376(2)(i) IPC to Section 376 AB IPC without providing the appellant an opportunity to recall or re-examine witnesses as mandated by Section 217 of the Criminal Procedure Code. The court found this procedural violation violated the appellant's right to fair defense and ordered the trial court to follow the proper procedure. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

The Gauhati High Court set aside the conviction of Sri Sarat Phukan under Section 376 AB IPC and remanded the case to the trial court because the trial court altered the charge from Section 376(2)(i) IPC to Section 376 AB IPC without providing the appellant an opportunity to recall or re-examine witnesses as mandated by Section 217 of the Criminal Procedure Code. The court found this procedural violation violated the appellant's right to fair defense and ordered the trial court to follow the proper procedure. This case analysis is maintained by casestatus.in based on publicly available court records.

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