Page No.# 1/4 GAHC010050872024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/250/2024 SAHIDUL ISLAM S/O LATE ABDUL AZIZ, R/O SATRA KOLARA, P.S.- BAGHBOR, DIST.- BARPETA, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. TO BE REP. BY THE P.P., ASSAM. 2:RAMEEZUDDIN RAHMAN S/O LATE SUKUR ALI R/O MILANPUR NO. 1 MASZID P.S.- CHANDMARI DIST.- KAMRUP (M) ASSAM PIN Advocate for the Petitioner : MR. A AHMED, MR. I U CHOWDHURY,MR A AHMED,U U KHAN Advocate for the Respondent : PP, ASSAM, MS A HUSSAIN (R-2),MR I CHAKMA (R-2),MS H BETALA (R-2),MR. S. K. CHAKMA (R-2) ,MS N DEKA (R-2),MR A.K. HAJONG (R-2),MS. D GHOSH (R-2) Linked Case : Crl.A./72/2024 Page No.# 2/4 SAHIDUL ISLAM S/O LATE ABDUL AZIZ R/O SATRA KOLARA P.S.- BAGHBOR DIST.- BARPETA ASSAM. VERSUS THE STATE OF ASSAM AND ANR. TO BE REP. BY THE P.P. ASSAM. 2:RAMEEZUDDIN RAHMAN S/O LATE SUKUR ALI R/O MILANPUR NO. 1 MASZID P.S.- CHANDMARI DIST.- KAMRUP (M) ASSAM PIN- ------------ Advocate for : MR. A AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 24.06.2026 (Michael Zothankhuma, J) Heard Mr. A. Ahmed, learned counsel for the applicant/appellant. Also heard Ms. B. Bhuyan, learned Addl. Public Prosecutor for the State. 2. The instant application under Section 389 Cr.PC seeks suspension of execution of the sentence passed upon the applicant pursuant to the impugned Judgment & Order dated 07.02.2024 passed by the learned Addl. Sessions Judge-cum-Special Judge, POCSO, Kamrup (M), Guwahati in Sessions Special Case No. 72/2021. 3. The applicant’ counsel submits that the learned Trial Court has recorded the evidence of the victim, who is four and a half years old, to the effect that what had befallen the victim girl had not been stated by the victim. The only thing that had been stated by the victim was that the appellant was a “bodmas” and that he should be beaten up. Further, he had opened up her panty and made her sit on the bed. 4. On considering the above, along with the evidence of the Doctor (PW-5), Page No.# 4/4 who stated that the hymen was reddened and tender, with an old tear at 6 o’clock position, besides the vagina also being reddened and tender, we are of the view that the prayer for suspension of the sentence cannot be allowed at this stage. 5. The application is accordingly rejected. 6. Any observations and findings made in this order shall not be construed to be the final observations and findings of this Court at the time of the final hearing of the appeal. JUDGE JUDGE Comparing Assistant