Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC030003482026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/29/2026 Sh. Zorammawia S/o Lalbela, P/A Khuangthing Village, Champhai District, Mizoram
VERSUS The State of Mizoram and Anr. Aizawl2:Smt. Lalthlenglian Advocate for the Petitioner : Mr R Lalremruata Advocate for the Respondent : P.P./Addl.PP, Mizoram Linked Case : Crl.A./6/2026 Sh. Zorammawia S/o Lalbela R/o Khuangthing Village Champhai District VERSUS The State of Mizoram Aizawl
Advocate for the Petitioner : Mr R Lalremruata Advocate for the Respondent : P.P./Addl.PP Mizoram
Page No.# 2/3
BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 27.05.2026
Heard Ms. J. Lalramfawmi, learned counsel appearing for the applicant. Also heard Ms. Vanneihsiami, learned Govt. Advocate for the state respondents. By way of the present application under Section 528 of the BNSS, 2023, read with the Practice Directions issued by the Hon’ble Gauhati High Court governing proceedings under the POCSO Act, 2012, the applicant seeks impleadment of the informant/victim’s guardian in the connected Criminal Appeal No. 6/2026. It appears that while preferring the connected appeal against the Judgment and Order dated 13.02.2026 passed by the learned Fast Track Special Court under the POCSO Act, 2012 in Special POCSO Case No. 18/2025, arising out of Dungtlang P.S. Case No. 7/2024 under Section 10 of the POCSO Act, 2012, the applicant inadvertently omitted to implead the informant/victim’s guardian as a party respondent. The Division Bench of this Court, in Dipak Nayak v. State of Assam [Crl. A.(J) No. 40/2022], has categorically held that in appeals arising out of proceedings under the POCSO Act, the victim, guardian/parent, and support person are
Page No.# 3/3 required to be impleaded. Pursuant thereto, the Hon’ble Gauhati High Court has also issued Practice Directions governing such proceedings under the POCSO Act vide Notification No. 17 dated 15.03.2024. In view of the aforesaid legal position, and considering that the omission appears to be inadvertent, this Court finds no impediment in allowing the present application. Accordingly, the Interlocutory Application stands allowed and disposed of. Smt. Lalthlengliani, wife of Lalmuansanga, resident of Khuangthing, Champhai District, being the informant/guardian of victim ‘X’, shall be impleaded as Respondent No. 2 in the connected Criminal Appeal No. 6/2026. The Registry shall carry out the necessary amendments in the cause title of the connected appeal.
JUDGE Comparing Assistant