Page No.# 1/3 GAHC010271172025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1394/2025 SRI RABINDRA PHUKAN S/O LATE ROHIT PHUKAN R/O VILLAGE- PHULOGURI PUB SALMORA UNDER ROHA POLICE STATION IN THE DISTRICT OF NAGOAN ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY P.P. ASSAM 2:SRI ABHINASH SARKAR SON OF PALLAB SARKAR RESIDENT OF HOUSE NO. 19 PRINCIPAL J.B. ROAD UNDER CHANDMARI POLICE STATION IN THE DISTRICT OF KAMRUP ------------ Advocate for : UJJAL CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case :CRL.A(J)/207/2025 SRI RABINDRA PHUKAN S/O, LATE ROHIT PHUKAN , R/O, VILLAGE- PHULOGURI PUB SALMORA UNDER ROHA POLICE STATION IN THE DISTRICT OF NAGOAN, ASSAM Page No.# 2/3 VERSUS THE STATE OF ASSAM REP. BY PP AASSAM 2:SRI ABHINASH SARKAR S/O PALLAB SARKAR R/O HOUSE NO. 19 PRINCIPAL J.B. ROAD UNDER CHANDMARI POLICE STATION IN THE DISTRICT OF KAMRU Advocate for the Petitioner : UJJAL CHOUDHURY, MR. U CHOUDHURY, LEGAL AID COUNSEL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 23.04.2026 (M. Zothankhuma, J) Heard Mr. U. Choudhury, learned Legal Aid Counsel for the applicant/appellant. Also heard Mr. R.R. Kaushik, learned Addl. PP for the State. 2. This is an application under Section 430(2) BNSS for suspending the sentence imposed upon the applicant/appellant on his conviction under Section 4 of the POCSO Act, 2012 read with Section 377 IPC vide Judgment dated 31.03.2022, passed by the Court of the learned Special Judge (POCSO), Kamrup(M), Guwahati in Sessions Case No.256/2018, arising out of Chandmari P.S. Case No.329/2018. 3. Upon hearing the counsels for the parties at some length, we are of the view that the application cannot be allowed at this stage on account of the evidence of the Page No.# 3/3 victim and the Medical Officer (PW-4). 4. The application is accordingly rejected. JUDGE JUDGE Comparing Assistant