Page No.# 1/3 GAHC010057092025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : I.A.(Crl.)/324/2025 DIVINSON TERON AND 2 ORS S/O. LONGKI TERON R/O VILL.- KANGNAK TOKBI GAON P/S. DOKMOKA DIST. KARBI ANGLONG ASSAM. 2: ELWIN TERON S/O. BABUSING TERON R/O. VILL.- KANGNAK TOKBI GAON P/S. DOKMOKA DIST. KARBI ANGLONG ASSAM. 3: SARMAN TISSO S/O. JOYSING TISSO R/O. VILL.- KANGNAK TOKBI GAON P/S. DOKMOKA DIST. KARBI ANGLONG ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM 2:BORSING KILLING S/O. VILL.- KIRI RONGPHAR GAON P/S. DOKMOKA PIN-782441 DIST. KARBI ANGLONG ASSAM. ------------ Advocate for : MR. R BORA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 17.06 . 2026 Heard Mr. R. Borah, learned counsel for the applicants and Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam, appearing for the State respondent No. 1. Also heard Ms. M.K. Brown, learned Amicus Curiae for the respondent No. 2. 2. The Paper Book is furnished to the learned Amicus Curiae. 3. This interlocutory application has been filed under Section 430 of the BNSS, 2023 seeking suspension of execution of sentence imposed upon the applicants by the learned trial Court vide judgment dated 21.12.2024, passed in POCSO Case No. 07/2013. 4. It is contended on behalf of the applicants that the three appellants were minors/ CCLs at the time of occurrence which was on 16.10.2013. 5. As per deposition of CW- 1, who was Headmaster of the school where the appellant No. 1 had studied, the date of birth of the appellant No. 1 is 10.03.1996 and thereby his age on the date of occurrence was 17 years, 7 months 6 days. 6. Similarly as per deposition of CW-3, who was Headmaster of the school where the appellant No. 2 had studied, the date of birth of the appellant No. 2 is 12.05.1996. Thereby his age on the date of occurrence was 17 years, 5 months 4 days. 7. As per the deposition of CW -2, who was Headmaster of the school where the appellant No. 3 had studied, the date of birth of the appellant No. 3 is Page No.# 3/3 03.08.1996. Thereby his age on the date of occurrence was 17 years, 2 months 13 days. 8. The aforesaid depositions of the CWs are supported by the documentary evidence in the form of school leaving/ transfer certificates, which are available on record. 9. A perusal of the impugned judgment reveals that the evidence of the aforesaid CWs -1, 2 and 3 was totally ignored and the learned trial Court apparently proceeded with case on the premise that the appellants were adult at the time of occurrence. 10. Having regard to the above, on the aforesaid ground alone, a prima facie case for suspension of sentence has been made out. Accordingly, the sentence imposed upon the applicant/ appellant Nos. 1, 2 and 3 vide judgment dated 21.12.2024, passed in POCSO Case No. 07/2013 by the learned Special Judge (POCSO), Karbianglong, Diphu is hereby suspended, pending disposal of the appeal. 11. It is further directed that the appellants be released on bail on furnishing a bond of Rs. 50,000/- each with one surety each of the like amount subject to the satisfaction of the learned trial Court. 12. With the above observations and directions, the I.A. stands disposed of. JUDGE Comparing Assistant