Page No.# 1/4 GAHC010136392025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/741/2025 in Crl.A./241/2025 with Crl.A./8/2025 SADEK ALI S/O - LT HUTU SHEIKH R/O - VILL - TULSIBARI P.S. - RANGIA, DIST - KAMRUP, ASSAM, PIN - 781376 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM 2:ASMINA BEGUM D/O - MD. MUSLIM ALI W/O - MD SAFIKUL ISLAM R/O - VILL - TULSIBARI P.O. - TULSIBARI P.S. - RANGIA DIST - KAMRUP ASSAM , PIN - 78137 Advocate for the Petitioner : , MS F INTAZ,MR. M A SHEIKH Advocate for the Respondent : PP, ASSAM, MR N J DAS, AMICUS CURIAE R2 Linked Case : Crl.A./8/2025 SAHARBANU BEGUM AND ANR W/O. AKBAR AL 2: SAFIQUL ISLAM S/O. SADEK ALI. BOTH ARE R/O. VILL. TULSIBARI P/S. RANGIA Page No.# 2/4 DIST. KAMRUP ASSAM PIN-781376 ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP ASSAM. 2:ASMINA BEGUM D/O. MD. MUSLIM ALI W/O. MD. SAFIKUL ISLAM R/O. VILL. TULSIBARI P/O. TULSIBARI P/S. RANGIA DIST. KAMRUP ASSAM PIN-781376. ------------ Advocate for : MR. M A SHEIKH (P-1 2) Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Linked Case : I.A.(Crl.)/741/2025 SADEK ALI S/O - LT HUTU SHEIKH R/O - VILL - TULSIBARI P.S. - RANGIA DIST - KAMRUP ASSAM PIN - 781376 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM 2:ASMINA BEGUM D/O - MD. MUSLIM ALI W/O - MD SAFIKUL ISLAM R/O - VILL - TULSIBARI P.O. - TULSIBARI P.S. - RANGIA DIST - KAMRUP ASSAM PIN - 781376 ------------ Advocate for : Page No.# 3/4 Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 19.06.2026 (M. Zothankhuma, J) Heard Mr. M. A. Sheikh, learned counsel for the applicant/appellant and Ms. B. Bhuyan, learned Addl. PP, Assam for the State as well as Mr. N.J. Das, learned Amicus Curiae for the respondent No. 2. 2. This is an application under Section 430 B.N.S.S. for suspension of the impugned conviction and sentence imposed upon the applicant/appellant, pursuant to the impugned judgment dated 17.12.2024, passed by the learned Additional Sessions Judge, Kamrup, Rangia, in Sessions Case No.11/2023, by which the appellant has been convicted under Section 376(2)(n) of the IPC and sentenced to undergo rigorous imprisonment for 13 years with a fine of Rs.5000/-, in default, simple imprisonment for 1 month. 3. The applicant's counsel submits that the applicant had been convicted on the basis of a doctored video made by PW-2, with whom the victim had eloped. He submits that the appellant is the father-in-law of the victim and in the absence of any forensic examination report of the video, showing that the appellant had sexual intercourse with the victim, the conviction and sentence on the appellant by the learned Trial Court was not sustainable. He accordingly submits that till the appeal is disposed of, the conviction and sentence of the applicant/appellant should be suspended and he should be released on bail. 4. Ms. B. Bhuyan and Mr. N. J. Das, learned counsels for the respondents submit Page No.# 4/4 that the video taken by the victim clearly shows the appellant (father-in-law) raping the victim. They submit that even in the absence of the video, the testimony of the prosecutrix is enough to convict the appellant for rape, keeping in view the various decisions of the Supreme Court, which says that a victim of a sexual assault is akin to an injured witness. 5. Keeping in view the fact that this Court is to see whether a prima facie case for suspension of the sentence is made out by the applicant, we are of the view that the applicant has not made out a case for suspension of the sentence imposed upon him by the learned Trial Court at this stage. 6. Consequently, the I.A. is rejected. JUDGE JUDGE Comparing Assistant