Page No.# 1/3 GAHC010112862023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/537/2023 DILIP MANDAL @ DAS SON OF ATUL DAS RESIDENT OF VILL-BARIPUKHURI PART-2 P.S.-ABHAYAPURI DIST-BONGAIGAON ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY P.P. ASSAM 2:SMTI. SUBORNO MANDAL WIFE OF LATE HARI MANDAL RESIDENT OF VILLAGE-BARIPUKHURI PART-1 P.S.- ABHAYAPURI DIST-BONGAIGAON ASSAM ------------ Advocate for : MR. B HALDAR Advocate for : appearing for THE STATE OF ASSAM AND ANR. Linked Case : CRL.A(J)/82/2023 DILIP MANDAL @ DAS SON OF ATUL DAS, RESIDENT OF VILL-BARIPUKHURI, PART-2, P.S.- ABHAYAPURI, DIST-BONGAIGAON, ASSAM Page No.# 2/3 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY P.P., ASSAM 2:SMTI. SUBORNO MANDAL W/O-LATE HARI MANDAL R/O-VILLAGE-BARIPUKHURI PART-I P.S.-ABHAYAPURI DISTRICT- BONGAIGAON ASSA Advocate for the Petitioner : MR. B HALDAR, Advocate for the Respondent : PP, ASSAM, MR UJJAL CHOUDHURY, LEGAL AID COUNSEL FOR(R-2) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 15.07.2026 (M. Zothankhuma, J) Heard Mr. B. Haldar, learned Legal Aid Counsel for the applicant-appellant. Also heard Ms. B. Bhuyan, learned Sr. Counsel and Addl. P.P. for the State and Mr. U. Choudhury, learned Legal Aid Counsel for the respondent No.2. 2. The applicant-appellant has prayed for suspending the sentence inflicted upon him, on his conviction under Section 6 of the POCSO Act by the learned Special Judge (POCSO), North Salmara, Abhayapuri, vide judgment and sentence dated 21.12.2022, passed in Special (P) Case No.22(A)/2021. 3. The facts of the case, as can be seen from the records, is that while the grandmother of the victim was carrying the 5-year-old victim girl, the applicant- Page No.# 3/3 appellant took the girl from the grandmother with her permission and started carrying the victim. While carrying the victim girl, the finger of the applicant- appellant entered the private parts of the victim girl. The above act, which was noticed by the grandmother of the victim, prima facie shows that there was penetration of the applicant’s finger into the private parts of the victim. The only question that has to be decided is whether the same was intentional or had happened unintentionally. 4. In view of the fact that the main case has been listed for final hearing on 13.08.2026, wherein the said issue would be decided, we are not inclined to allow this application at this stage. 5. The I.A. is accordingly dismissed. JUDGE JUDGE Comparing Assistant