Page No.# 1/3 GAHC010222702025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1313/2025 SRI HEMANTA PEGU S/O- LATE LILAKANTA PEGU R/O- VILL- BODOTI GAON P.S.-BIHPURIA DISTRICT - LAKHIMPUR ASSAM PIN-784161 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:SRI KHAGESWAR DOLEY S/O- LATE MONESWAR DOLEY R/O- JENGRAI AMGURI GAON P.O. AND P.S.- JENGRAIMUKH DISTRICT - MAJULI ASSAM PIN - 785105 ------------ Advocate for : Md Memon Ahmed Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Crl.A./441/2025 SRI HEMANTA PEGU S/O - LT LILAKANTA PEGU RO - BODOTI GAON, PS - BIHPURIA , DIST - LAKHIMPUR , ASSAM VERSUS Page No.# 2/3 THE STATE OF ASSAM REP BY PP, ASSAM 2:SRI KHAGESWAR DOLEY S/O - LT MONESWAR DOLEY RO - JENGRAI AMGURI GAON PO AND PS - JENGRAIMUKH DIST - MAJULI ASSAM Advocate for the Petitioner : MS MAMU BORAH, MS M BORAH,MR. P GOHAIN,MR. A K GUPTA Advocate for the Respondent : PP, ASSAM, MS. S S SAIKIA (R2) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 20/02/2026 (Michael Zothankhuma, J) 1. Heard Mr. A.K. Gupta, learned counsel for the applicant/appellant. Also heard Ms. B. Bhuyan, learned senior counsel and APP, Assam, appearing for the State and Ms. S.S. Saikia, learned counsel for the respondent no.2. 2. This is an application under section 430 (2) BNSS for suspension of the sentence inflicted upon the applicant/appellant vide order dated 01/07/2025, pursuant to his conviction under section 4(2) of the POCSO Act by the learned Special Judge (POCSO), Majuli, in Special (PCOSO) Case No. 07/2024 vide judgement dated 30/06/2025. The applicant was sentenced to undergo rigorous imprisonment for 20 years with a fine of Rs. 10,000/-, in default, rigorous imprisonment for 6 (six) months. 3. The applicant’s counsel submits that the applicant was of the view that the victim was a major and the issue as to whether the victim was a major, will have to be proved by way of an Ossification Test. He also submits that the child born to the victim belongs to the applicant. The applicant’s counsel submits that the applicant is also Page No.# 3/3 willing to marry the respondent no. 2 and the same will be done by the applicant. 4. Ms. B. Bhuyan, learned APP, Assam, submits that the age of the victim has been proved by way of Registration Certificate issued by the Board of Secondary Education, Assam (SEBA) and as such, the victim is around 17 years as on date. 5. Ms. S.S. Saikia, learned counsel for the respondent no. 2 submits that the victim with her baby is residing in the house of the applicant with the permission of both the families and as such, she does not have any objection to the application being allowed. 6. On considering the submissions made by the counsels for the parties and as some time would be required to dispose of the appeal, inasmuch as, Paper Book has to be prepared and date of hearing has to be fixed thereafter, we are of the view that the applicant should be released on bail at this stage. Accordingly, the applicant is granted bail, on furnishing a bond of Rs. 10,000/- (Rupees ten thousand) with one surety of like amount, to the satisfaction of the learned Special Court. Consequently, the sentence inflicted upon the applicant, vide Sentence Order dated 01/07/2025, in pursuance to the judgement dated 30/06/2025 passed by the learned Special Judge (PCOSO), Majuli in Special (PCOSO) Case No. 07/2024, is hereby suspended till final disposal of the appeal. 7. The application is accordingly disposed of. JUDGE JUDGE Comparing Assistant