Page No.# 1/5 GAHC010187542025 2025:GAU-AS:11761-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/916/2025 HASINA BEGUM ALIAS KHATUN D/O JALAL UDDIN, R/O VILL. KALAKUCHI JANGALBASTI, P.S. MIKIRBHETA, DIST. MORIGAON, ASSAM, PIN 782106 VERSUS THE STATE OF ASSAM AND ANR REP. BY PP ASSAM 2:IMAN ALI SON OF LATE APTAR ALI R/O PARLIGURI P/S. MIKIRBHETA DIST. MORIGAON ASSA Advocate for the Petitioner : DARAK ULLAH, R MANDAL,MS. N PODDAR,MR. C SHARMA,S K PODDAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 01.09.2025 (K. Goswami, J) Heard Mr. S.K. Poddar, learned counsel appearing for the applicant. Also heard Ms. A. Begum, learned Additional Public Prosecutor, Assam for the State respondent. 2. This application is filed under Section 430 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for suspension of sentence so far as it relates to the applicant, i.e., Hasina Begum @ Khatun, and to allow the applicant to be released on bail during the pendency of the criminal appeal, who had been sentenced vide judgment & order dated 18.06.2025 passed by the learned Additional Sessions Judge-cum- Special Judge (POCSO), Morigaon, in POCSO Case No.132/2024, to undergo rigorous imprisonment for 5 (five) years and to pay a fine of Rs.10,000/- in default; further rigorous imprisonment for 3 (three) months under Section 96 of the Bharatiya Nyaya Sanhita (hereinafter referred to as the “BNS”). 3. Mr. S.K. Poddar, learned counsel appearing for the applicant, submits that the case made out against the applicant under Section 96 of the BNS is solely on the ground that she had accompanied the victim and forced the victim to have illicit intercourse with the accused Jiyarul Islam, which, on the face of the statement made by the victim under Section 164 of the Code of Criminal Procedure (hereinafter referred to as the “Cr.P.C.”) to the effect that she is in love with the accused Jiyarul Islam for last 3 years and upon receiving a call from him and asking her to elope with him, failing Page No.# 3/5 which he will die, she went with the applicant to Guwahati and stayed in her house where later on accused Jiyarul Islam came, is not established by the prosecution, and hence, the impugned conviction and sentence so far as it relates to the applicant is erroneous, and accordingly, seeks suspension of the same pending adjudication of the connected appeal. 4. Per contra, Ms. 4. Per contra, Ms. A. Begum, learned Additional Public Prosecutor, Assam, appearing for the State respondent, submits that it is evident from the testimony of the victim that the applicant had taken the victim to Guwahati, and after the accused came to Guwahati from Kerala, she forced the victim to live with the accused in a separate rented room wherein the accused Jiyarul Islam had physical relations with her against her will, and hence, the prosecution having established the guilt of the applicant, the impugned sentence warrants no suspension as prayed for. 5. We have heard the submissions made by the learned counsel for the parties and perused the material available on record. 6. Apt at this stage to refer to the statement made by the victim under Section 164 of the Cr.P.C., which reads as under: “Exhibit No.-P-1(1) RO&AC Date : 07.01.2025 S/d Illegible Special Judge, Morigaon Judicial Magistrate 1st Class Morigaon (Assam) On Oath, I love Jiyarul Islam for last three (3) years. He is from Tezpur. On 08.08.2024 he called me over phone to Boribazar and asked me to elope with him and told that he will die if I don't go with him. Thereafter I went, with his sister Hasina Begum to Guwahati. At that time Jiyarul was in Kerela. After 2 days he came. At Guwahati, I stayed in the house of Hasina. After about 2 days Jiyarul Came. Myself and Jiyarul stayed Page No.# 4/5 together in her sister's house. We had physical relation among us as per my will, he has not forced me. Thereafter on 19.08.24 Jiyarul took me his house at Kalakuchi. His father has Informed my father and then my father and others came to Kalakuchi in search of me and on 20.08.2024 Jiyarul father had handed over us to Missamarl Police Station. Later, Missamari Police had handed over us to Boribazar Police Station. I have to say this much. Exhibit No.-P-1(2) RO&AC Date : 07.01.2025 S/d Illegible Special Judge, Morigaon M. Naroh Judicial Magistrate 1st Class Morigaon (Assam) WPC/450 Manashi Dutta S/d Rashida Khatun” 7. Reading of the aforesaid initial statement of the victim recorded under Section 164 of the Cr.P.C., it is apparent that the testimony of the victim during the trial so far as it relates to the applicant is not consistent. 8. We, therefore, are of the unhesitant view that the grounds of appeal appear to be prima facie substantial and good. It further appears that there are no criminal antecedents available on record against the applicant. 9. That being so, we are of the considered view that the applicant has made out a prima facie case for suspension of the execution of the impugned sentence so far as it relates to her. 10. Accordingly, we allow this application by observing that the execution of the sentence so far as it relates to the applicant Hasina Begum @ Khatun, in POCSO case No.132/2024, shall remain suspended Page No.# 5/5 till disposal of the connected criminal appeal, i.e., Criminal Appeal No.306/2025. 11. Consequently, it is provided that the applicant Hasina Begum @ Khatun, shall be released on bail, in connection with the above-noted case, on furnishing a bail bond of Rs.50,000/- (Rupees fifty thousand) only with one surety of like amount to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge (POCSO), Morigaon. 12. Resultantly, the interlocutory application stands allowed and is disposed of. 13. It is, however, made clear that the observations made hereinabove are only for the purpose of considering the prayer for suspension of execution of the sentence and grant of bail to the applicant, and the same shall not be construed as observations made with regard to the merit of the connected appeal. JUDGE JUDGE Comparing Assistant