Page No.# 1/3 GAHC010019252025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1350/2025 RUPESWAR GOGOI S/O LATE KUKHESWAR GOGOI R/O VILL- PUKHURI PORIA P.S- LALUK DIST- LAKHIMPUR ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM 2:SMTI SATYAWATI LALUNG W/O SRI LAKHIDHAR LALUNG R/O VILL- LALUNG KAPATOLI P.S- SILAPATHAR DIST- DHEMAJI ASSAM ------------ Advocate for : MRS SANGEETA KHATANIAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : CRL.A(J)/200/2025 RUPESWAR GOGOI S/O , LATE KUKHESWAR GOGOI Page No.# 2/3 R/O, VILL- PUKHURI PORIA P.S. LALUK DIST- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM 2:SMTI SATYAWATI LALUNG W/O SRI LAKHIDHAR LALUNG R/O VILL- LALUNG KAPATOLI P.S- SILAPATHAR DIST- DHEMAJI ASSA Advocate for the Petitioner : , ,MRS. S KHATANIAR, 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) Mrs. S. Khataniar, learned Legal Aid Counsel appears for the applicant/appellant, while Ms. A. Begum, learned Addl. PP appears for the State. 2. No one appears for the informant/respondent No.2, even though notice has been served upon the respondent No.2. 3. This is an application under Section 430 BNSS praying for suspension of the sentence imposed upon the applicant/appellant on being convicted under Section 4 & 8 of the POCSO Act, 2012 vide Judgment dated 11.09.2024, passed by the Court of Page No.# 3/3 the learned Special Judge (POCSO), Dhemaji in Special (POCSO) Case No.2/2020, arising out of Silapathar P.S. Case No.364/2019. 4. On considering the statement of the victim and keeping in view the fact that the appeal has been fixed for final hearing on 02.06.2026, we are not inclined to allow the present application. The same is accordingly dismissed. JUDGE JUDGE Comparing Assistant