Page No.# 1/2 GAHC010251612023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1084/2023 SIKHAMONI DUTTA W/O SRI NIRANJAN DUTTA R/O 2ND GOPAL PAR P.O.- SHANTIPUR P.S.- SIVASAGAR DIST.- SIVASAGAR ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE P.P. ASSAM. ------------ Advocate for : MR. D BARUAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM in Crl.A./409/2023 SIKHAMONI DUTTA W/O SRI NIRANJAN DUTTA, R/O 2ND GOPAL PAR, P.O.- SHANTIPUR, P.S.- SIVASAGAR, DIST.- SIVASAGAR, ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM. Page No.# 2/2 Advocate for the Petitioner : MR. D BARUAH, MR W TERON,MS S K GUPTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 07/08/2026 (Michael Zothankhuma, J) 1. Heard Mr. D. Baruah, learned counsel for the applicant/appellant and Ms. A. Begum, learned APP, Assam, appearing for the State. 2. The present case pertains to the conviction of the applicant/appellant on the charge of having thrown her 1 ½ month old baby into the river. Further, the body of the baby was never recovered. The applicant was accordingly convicted under section 302 IPC. 3. On considering the confessional statement made by the applicant under section 164 Cr.P.C. and the fact that the main appeal is fixed for final hearing on 30/09/2026, we are not inclined to allow the present application under section 389 Cr.P.C, for suspending the sentence to be undergone by the applicant/appellant, pursuant to the impugned judgement dated 12/09/2023, passed by the learned Sessions Judge, Sivasagar, in Sessions Case No. 73(S-S)/2017. 4. IA is accordingly rejected. JUDGE JUDGE Comparing Assistant