Page No.# 1/3 GAHC010104872023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/412/2023 MENSING TERANG S/O LATE AMRANG TERANG VILLAGE SARIK HANSE GAON PS BOKAJAN DIST KARBI ANGLONG ASSAM 782480 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY PP ASSAM 2:SMTI RENU ENGTIPI W/O SRI SUREN RONGPHAR VILLAGE MOJARI TIMUNG GAON PS BOKAJAN DIST KARBI ANGLONG ASSAM 782480 ------------ Advocate for : MR. M SARANIA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 06.03.2025 Heard Mr. M. Sarania, the learned counsel appearing for the applicant. I have also heard Mrs. N. Das, the learned Addl. Public Prosecutor, Assam representing Opposite Party No.1. Mr. J.K. Goswami, the learned counsel represents Opposite Party No.2. 2. This is an application under Section 389 of the Code of Criminal Procedure praying for suspension of sentence dated 17.03.2023 imposed upon the applicant by the learned Special Judge (POCSO), Karbi Anglong, Diphu in POCSO Case No.11/2019. 3. Mr. Sarania submits that in this case, the age of the victim was never proved by the prosecution. 4. Mr. Goswami has submitted that though the Birth Certificate of the victim was not proved by the prosecution, but it was seized by police and the same was not challenged before the trial court. 5. Mr. Sarania, in reply, submits that police seized the photocopy of the Birth Certificate and not the original one. 6. I have gone through the judgment. After considering the aforesaid facts, the prayer of the applicant is allowed. 7. The sentence imposed upon the applicant on 17.03.2023 by the learned Special Judge (POCSO), Karbi Anglong, Diphu in POCSO Case No.11/2019, shall remain stayed till disposal of the connected appeal. Page No.# 3/3 8. The applicant Sri Mensing Terang is allowed to go on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Special Judge (POCSO), Karbi Anglong, Diphu With the aforesaid direction, the present I.A. stands disposed of. JUDGE Comparing Assistant