Page No.# 1/3 GAHC010099292024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/461/2024 SAMAJUL SK S/O ABDUL SABUR SK R/O BAGHDOGRA P.S.- TAMARHAT DIST.- DHUBRI ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY P.P. ASSAM. 2:MD. SADDAM HUSSAIN SK S/O LATE HAIDAR ALI SK R/O BAGHDOGRA P.O.- KAMANDANGA P.S.- TAMARHAT DIST.- DHUBRI ASSAM PIN- 783332. ------------ Advocate for : MR. S ISLAM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 02.09.2026 Heard Mr. S. Islam, the learned counsel appearing for the applicant. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor, appearing of the State as well as Ms. M. K. Brown, learned Amicus Curiae for the respondent No. 2. 2. The instant application under Section 389 of the Code of Criminal Procedure, 1973 has been filed praying for suspension of the sentence challenging the Judgment dated 21.03.2024 passed by the learned Additional Judge-cum-Special Judge, POCSO, Dhubri in Special Case No. 38/2019, thereby convicting the applicant/appellant under Section 6 of the POCSO Act and thereby sentencing him to undergo rigorous imprisonment for ten (10) years and also to pay a fine of Rs.10,000/-, in default payment of fine, simple imprisonment for another six (6) months. 3. The prosecution story in brief is that on 06.02.2019 the informant namely Md. Saddam Hussain Sk lodged an FIR before the Officer-in-Charge of Tamarhat Police Station alleging inter-alia that on 06.02.2019 at about 04:10 PM he received a phone call from his mother informing him that the accused appellant had raped his four (4) years old minor daughter in absence of family members in his house. On receipt of the FIR, police registered Tamarhat Police Station Case No. 24/2019 under Section 376(AB) IPC read with Section 6 of the POCSO Act, 2012. After completion of the investigation, charge-sheet against the applicant/appellant was filed under Section 376 (AB) IPC read with Section 6 of the POCSO Act before the learned Trial Court and Special Case No. 38/2019 was Page No.# 3/3 registered. 4. The learned Trial Court, after the evidence and hearing the parties, passed the Judgment dated 21.03.2024, thereby convicting the applicant/appellant under Section 6 of the POCSO Act and sentencing him to undergo RI for ten (10) years and also to pay fine of Rs.10,000/- in default of payment, SI for another six (6) months. 5. Being aggrieved with the aforesaid Judgment dated 21.03.2024, the applicant/appellant has filed the connected Criminal Appeal No. 153/2024. 6. The learned counsel appearing for the applicant submits that there are several contradictions in the evidence, recorded before the Trial Court. 7. Mr. M. P. Goswami, the learned Additional Public Prosecutor, as well as Ms. M. K. Brown, learned Amicus Curiae have opposed the prayer for bail of the applicant/appellant at this stage. 8. Taking into account the entire facts of the case and the Judgment of conviction dated 21.03.2024, this Court is not inclined to grant the relief to the accused applicant at this stage. 9. Accordingly, the instant interlocutory application stands disposed of. JUDGE Comparing Assistant