Page No.# 1/3 GAHC010137042025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1175/2025 MD ABDUL JALIL S/O - LT. SURUJ ALI RESIDENT OF MORITOLI WARD NO 9 PS LAHIRIGHAT DISTRICT MORIGAON ASSAM PIN 782124 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM 2:MD. RAFIQUL ISLAM S/O - LT ABDUL QADIR R/O - VILL - MORITOLI WARD NO. 09 P.S. - LAHARIGHAT DIST - MORIGAON ASSAM ------------ Advocate for : MR Jagat Ch Borah Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : Crl.A./403/2025 MD ABDUL JALIL S/O LT SURUJ ALI Page No.# 2/3 R/O - MORITOLI, WARD NO. 9, P.S. - LAHARIGHAT DIST - MORIGAON, ASSAM PIN - 782124 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM 2:MD. RAFIQUL ISLAM S/O - LT ABDUL QADIR R/O - VILL - MORITOLI WARD NO. 09 P.S. - LAHARIGHAT DIST - MORIGAON ASSA Advocate for the Petitioner : MR Jagat Ch Borah, MS. A LALA,MRS R BEGUM,MR J C BORAH,MR P KATAKI Advocate for the Respondent : PP, ASSAM, MR. A AHMED, AMICUS CURIAE, R2 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date :02.04.2026 (M. Zothankhuma, J) Heard Mr. J.C. Borah, learned counsel for the applicant and Ms. A. Begum, learned Addl. P.P., Assam for the State. Also heard Mr. A. Ahmed, learned counsel for the respondent No.2. 2. The applicant has prayed for suspending the sentence imposed upon him due to his conviction by the learned Trial Court under Sections 376AB of IPC read with Section 6 of the POCSO Act, vide Judgment and Order dated 01.08.2024, passed by Page No.# 3/3 the Addl. Sessions Judge-cum-Special Judge (POCSO), Morigaon in POCSO Case No.88/2019. However, in view of Section 42 of the POCSO Act, the applicant was sentenced under Section 376AB of IPC. 3. On considering the evidence of the victim, who is below 12 years of age and keeping in view the fact that the matter has been listed for final hearing on 04.05.2026, as all the parties have received copies of the paper book, we are not inclined to allow the application at this stage. 4. The I.A. is accordingly dismissed. JUDGE JUDGE Comparing Assistant