Page No.# 1/3 GAHC010158512025 2025:GAU-AS:9871 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./887/2025 SAIFUL ISLAM S/O- ASOB ALI @ ESOB ALI. R/O- VILL.- GHAGER ALGA PART-I, P.S.- GAURIPUR, DIST.- DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE PP ASSAM 2:MOKSED ALI S/O- LATE MODHU SK R/O- VILL.- GHAGER ALGA PART-I P.S.- GAURIPUR DIST.- DHUBRI ASSAM PIN -783339. 3:XXXXX W/O- HASANUR SK @ HASIBUL. R/O- HAWRIAPET PART-I P.O.- SAPKATA P.S.- GOSSAIGAON DIST.- KOKRAJHAR ASSAM PIN - 783360 Advocate for the Petitioner : MR. L R MAZUMDER, MR. A ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 30-07-2025 Heard Mr. L.R. Mazumder, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the respondent no. 1, State of Assam. 2. Upon hearing the learned counsel for the parties, it has emerged that one of the grievances of the petitioner who is presently facing the trial in Special Case no. 30/2023, before the Court of learned Additional Sessions Judge-cum- Special Judge [POCSO] at Dhubri [‘the Trial Court’, for short], is that upon receipt of summons from the learned Trial Court, the petitioner who is the sole accused, entered appearance on 28.12.2023. Upon such appearance, charges under Sections 457/354, Indian Penal Code read with Section 8/12, Protection of Children from Sexual Offences Act, 2012 were framed against him on 29.01.2024. As the petitioner pleaded not guilty, the trial proceeded to the stage of evidence. The dates, 05.03.2024, 22.04.2024, 31.05.2024, 08.07.2024, 21.08.2024, 08.10.2024, 03.12.2024, 22.01.2025, 18.03.2025 and 22.05.2025 were fixed for recording the evidence of prosecution witnesses but on all those occasions, no prosecution witness turned up to give testimony. It is, thus, contended that the accused-petitioner’s right to speedy and fair trial has been infringed. 3. I have perused the orders of the dates, noted above, and it is noticed that on all those occasions, no prosecution witness had turned up to record their testimony. A period of about 2 [two] years has elapsed in the meantime and the accused-petitioner has been making his appearance in person in almost on all Page No.# 3/3 those occasions. 4. On the basis of the materials on record, this Court is of the considered view that the relief sought for by the petitioner in the form of setting aside and quashing of the proceedings of Special Case no. 30/2023 cannot be allowed as the accused-petitioner is facing charges which are matters of appreciation of the evidence to be led by the prosecution during the course of the trial. 5. Though on the ground of violation of right to speedy and fair trial, the trial of Special Case no. 30/2023 cannot be terminated at this stage, the Court is of the considered view that there should be earnest endeavours on the part of the stakeholders including the learned Trial Court and the learned Public Prosecutor to secure the appearance of the prosecution witnesses for adhering to the mandate contained in Section 35[2] of the POCSO Act. For the purpose of securing the appearance of the witnesses, the stakeholders should take proper steps as available under the law. 6. Having observed as above, this criminal petition is closed. It is expected that the stakeholders of Special Case no. 30/2023, more particularly, the learned Trial Court and the learned Public Prosecutor would take all such necessary steps under the law to secure the appearance of the prosecution witnesses so as to ensure expeditious conclusion of the trial of Special Case no. 30/2023. JUDGE Comparing Assistant