Page No.# 1/3 GAHC010161972023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/647/2023 NEPAL ROY S/O LATE KETAKI ROY VILL.- KATHAL ROAD SILCHAR DIST.- CACHAR (ASSAM). VERSUS THE STATE OF ASSAM AND ANR. TO BE REP. BY THE P.P. ASSAM. 2:APARNA MALAKAR W/O SRI BAKU MALAKAR VILL.- NATIONAL HIGHWAY P.S.- SILCHAR DIST.- CACHAR ASSAM PIN- 788001. ------------ Advocate for : MR. L R MAZUMDER Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR In Crl.A./273/2023 NEPAL ROY S/O LATE KETAKI ROY, VILL.- KATHAL ROAD, SILCHAR, DIST.- CACHAR (ASSAM). VERSUS THE STATE OF ASSAM AND ANR. TO BE REP. BY THE P.P., ASSAM. Page No.# 2/3 2:APARNA MALAKAR W/O SRI BAKU MALAKAR VILL.- NATIONAL HIGHWAY P.S.- SILCHAR DIST.- CACHAR ASSAM PIN- 788001 Advocate for the Petitioner : MR. L R MAZUMDER, MR. A ISLAM Advocate for the Respondent : PP, ASSAM, MR A TIWARI (R-2) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date :09/09/2025 (Michael Zothankhuma, J) 1. Heard Mr. L.R. Mazumdar, learned counsel for the applicant/appellant. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor, Assam, appearing for the respondent no.1 and Mr. A. Tiwari, learned counsel for the respondent no. 2. 2. The counsel for the applicant submits that the sentence imposed upon the applicant, pursuant to the impugned judgement and order dated 26/05/2023 passed by the learned Special Judge, POCSO, Cachar, Silchar in Special (POCSO) Case No. 14/2022, by which the applicant has been convicted under section 6 of the POCSO Act read with section 376(3) of the IPC, should be suspended. Thereafter, the applicant should be released on bail. 3. The applicant’s counsel submits that the victim, who was around 12 years old, was working in the shop of the applicant for about a year and that the applicant had nothing to do with the alleged allegation of rape made by the victim. He also submits that a reading of the statement of the victim under section 164 Cr.P.C. juxtaposed with her testimony before the learned trial Court, would go to show that Page No.# 3/3 the place of occurrence of the incident of rape was contradictory. He further submits that there was no mark of sexual assault or injury on the victim including her private parts. He also submits that the examination of the applicant under section 313 Cr.P.C. would go to show that there has been a total denial made in relation to the evidence adduced against him. He accordingly submits that the applicant should be released on bail after the sentence is suspended. 4. Learned counsel for the respondents, on the other hand, submit that the victim girl had been taken by the applicant for a day with the permission of her grand mother. However, the victim girl was confined for around 6 (six) days by the applicant and as the victim has alleged rape, there was no infirmity in the decision of the learned trial Court. They accordingly submit that the application for suspension of sentence should be rejected. 5. We have considered the submissions made by the learned counsels for the parties. 6. The age of the victim was apparently 13 years at the time of the incident, while the applicant was 38 years of age. It is surprising to note that the applicant would be missing for some days with the applicant. Keeping in view the facts of this case and the fact that there has been a blanket denial by the applicant with regard to the evidence adduced against him in his examination under section 313 Cr.P.C, we are not inclined to suspend the sentence at this stage. Accordingly, the application stands rejected. 7. IA stands disposed off. JUDGE JUDGE Comparing Assistant