Page No.# 1/5 GAHC010007902022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/661/2022 BALEN KALITA S/O LATE BIREN KALITA RESIDENT OF HOUSE NO. 5 SURAJ NAGAR PS GEETANAGAR DIST KAMRUP (M) ASSAM 781021 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY PP ASSAM 2:RUNU RAJBANGSHI W/O SRI BIMAL RAJBANGSHI RESIDENT OF HOUSE NO. 33 SURAJ NAGAR GITA MANDIR GUWAHATI 781021 DIST KAMRUP M ASSAM ------------ Advocate for : MR. P DUTTA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN Page No.# 2/5 ORDER 21.08.2025 Heard Mr. P. Dutta, learned counsel for the applicant/ appellant and Mr. K. K. Das, learned Addl. P.P., Assam for the State. Also heard Mr. G. Pegu, learned Legal Aid Counsel representing the respondent No.2. 2. By this Interlocutory Application the appellant has prayed for suspension of the sentence and the subsequent bail in connection with the impugned judgment and order dated 31.12.2021 by which the learned Additional Sessions Judge-cum-Special Judge, POCSO, Kamrup(M) had convicted the appellant under Section 6 of the POCSO Act, 2012 and sentenced him to undergo rigorous imprisonment for a period of 10 years and with fine and default stipulation. 3. Mr. P. Dutta, learned counsel for the applicant submits that there is discrepancy in the statement of the victim before the authorities inasmuch as the victim before the police as well as the Magistrate in her statement under Section 161 and under Section 164 Cr.P.C., respectively, had stated that the appellant had touched her private parts whereas in her statement before the Trial Court the victim has stated that she was raped by the appellant. The learned counsel has also placed the inconsistency of the statement of the victim with the informant, who was examined as PW-1 and who had stated that the appellant had attempted to commit rape on the victim and that he tried to insert his private part Page No.# 3/5 into the private part of the victim. The learned counsel for the appellant has also submitted that there is delay in lodging the F.I.R. which becomes fatal in the instant case. 4. Mr. K. K. Das, learned Addl. P.P. for the State, however, submits by relying on the records of the case that the victim, who was 7 years of age at the time of the incident, had given consistent statements before the authorities and as such there is nothing to disbelieve her. He has also placed the medical report of the victim where it is reflected by the doctor that manipulation of genital were seen and that the hymen also stated to be torn at 9 O’clock and 6 O’clock position. The learned Addl. P.P. submits that apart from the consistency in the statement of the victim, there is enough corroboration to the same by the other evidence. 5. Mr. G. Pegu, learned counsel appearing for the respondent No.2 also submits that the offence under the POCSO Act is well established against the appellant as there is sufficient evidence on record to the effect that the statement of the victim as well as the medical evidence and other corroborative evidence. 6. I have heard the learned counsel for the parties and have perused the records. 7. It is no res integra that to establish the offence under the POCSO Act the statement of the victim is enough to bring home the guilt of the Page No.# 4/5 accused person provided the same is consistent and the same inspires the confidence of the Court. It is also a requirement that the statement of the victim has to be consistent from the very beginning i.e. her statement before the police till the end i.e. her statement before the Trial Court. It is noticed that the victim had stated before the police as well as the Magistrate that she was taken by the applicant/appellant to his house and by closing the door the applicant removed his clothes as well as her clothes and sexually assaulted the victim. The victim in her statement before the Trial Court had given a precise statement that she was taken by the applicant to his house and by removing the clothes the applicant inserted his private part into hers. It is as such noticed that as far as the core spectrum of the incident is concerned, the victim is consistent in her statement before all the authorities. The same inspires the confidence of the Court. 8. It is a settled position of law that if the statement of the victim is consistent and inspires the confidence of the Court, there is no requirement for any corroboration to the same. However, there are corroboration to the effect that the doctor has supported the case of the prosecution as well as the other evidence which is relevant as res gestae evidence under Section 6 of the Evidence Act. As such, this Court finds it fit not to allow the suspension of sentence and the subsequent bail of the Page No.# 5/5 applicant/appellant at this stage. It is, however, made clear that the observations made herein are solely for the purpose of disposal of the instant application and the same do not have a bearing in the outcome of the connected appeal. The I.A. stands disposed of. JUDGE Comparing Assistant