Page No.# 1/4 GAHC010247502024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1163/2024 AJIT SINGH GOUR S/O LATE AMAL SINGH GOUR RESIDENT OF VILLAGE JALAH PS TANGLA DIST UDALGURI ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM 2:MANUSH NARZARY S/O AKSHAY NARZARY RESIDENT OF JAMUGURI NO. 1 DAIDANGURI PS ORANG DIST UDALGURI ASSAM ------------ Advocate for : MR A HAWARI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 16.12.2025 (M. Zothankhuma, J) 1. Heard Mr. A. Hawari, learned counsel for the applicant. Also heard Ms. B. Page No.# 2/4 Bhuyan, learned Additional Public Prosecutor for the State. 2. The respondent no.2 is not present even though the letter dated 13.12.2025 issued by the Officer-in-Charge, Orang Police Station, Udalguri (BTR), Assam states that notice has been served upon the mother of the informant on 13.12.2025. 3. The applicant’s counsel submits that the age of the victim has not been proved by the Prosecution, inasmuch as, the Birth Certificate of the victim which had been seized by the police has not been exhibited during trial. He further submits that the evidence of PW-6 and the victim (PW-2) shows that the victim had gone willingly with the applicant to Guwahati and Golaghat for around 5 days. There was no force applied by the applicant for ensuring that the victim had gone with the applicant for 5 days. He also submits that the applicant did not have any physical relationship with the victim. 4. Ms. B. Bhuyan, learned Additional Public Prosecutor, on the other hand submits that the applicant had physical relationship with the victim which is corroborated by the Medical Report where it has been reflected that the hymen of the victim was absent. Further, the victim in her evidence has stated that the applicant had forceful physical relationship with the victim. As the victim was 15 years of age, the applicant should not be granted bail. 5. We have heard the learned counsels for the parties. Page No.# 3/4 6. The applicant has been convicted by the Special Judge, Udalguri, Assam, in Special (POCSO) Case No.53/2023 under Section 6 of the POCSO Act, 2012, vide judgment dated 07.09.2024 and sentenced to undergo rigorous imprisonment for 20 years with a fine of Rs.20,000/-, in default, simple imprisonment for 2 (two) months, vide sentence order dated 17.09.2024. 7. Though the police had seized the Birth Certificate of the victim, the same has not been exhibited by the prosecution witnesses, to prove that the victim was below 18 years at the time of commission of the offence. The evidence of the Doctor (PW-7), is to the effect that on X-ray examination and as per the radiological examination of the victim, her age was 15 to 17 years. The X- ray/radiological examination had been conducted on the victim on 04.02.2023, while the incident had apparently occurred for around 5 days w.e.f. 28.01.2023. 8. On considering the evidence of the witnesses, which is to the effect that the victim had gone with the applicant to Guwahati and Golaghat willingly and had not raised any alarm during her 5 days sojourn with the applicant, besides there being a question mark on the age of the victim, we are inclined to suspend the sentence till final disposal of the appeal. 9. Accordingly, the sentence awarded to the applicant, vide sentence order dated 17.09.2024, pursuant to the judgment dated 07.09.2024 passed in Special (POCSO) Case No.53/2023 under Section 6 of the POCSO Act, 2012 is hereby suspended till final disposal of the appeal. Consequently, the applicant is allowed to go on bail on furnishing a bail bond of Rs.25,000/-, with one surety of like Page No.# 4/4 amount, to the satisfaction of the learned Trial Court. The observations and findings made by this Court in this order shall not be considered to be the final observations and findings of this Court at the time of disposal of the appeal. 10. The I.A.(Crl.) is accordingly allowed and disposed of. JUDGE JUDGE Comparing Assistant