Page No.# 1/4 GAHC010215052025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1286/2025 MANORANJAN PATHAK S/O LATE DHARANI PATHAK R/O - JAPORIGUG P.S. - KRISHNA NAGAR DIST. - KAMRUP M ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM. 2:JHARNA CHAKRABORTY RESCUE COORDINATOR CHILD FRIENDLY GUWAHATI W/O - SUJIT CHAKRABORTY R/O - PANBAZAR GIRLS HIGH SCHOOL P.O. AND P.S. - PANBAZAR DIST - KAMRUP(M) ASSAM ------------ Advocate for : RAJ BAHADUR CHETRI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM in Crl.A./435/2025 MANORANJAN PATHAK Page No.# 2/4 S/O - LT DHARANI PATHAK R/O - JAPORIGOG P.S. KRSHNA NAGAR DIST - KAMRUP(M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM 2:JHARNA CHAKRABORTY RESCUE COORDINATOR CHILD FRIENDLY GUWAHATI W/O - SUJIT CHAKRABORTY R/O - PANBAZAR GIRLS HIGH SCHOOL P.O. AND P.S. - PANBAZAR DIST - KAMRUP(M) ASSA Advocate for the Petitioner : RAJ BAHADUR CHETRI, U BHARADWAJ,MR N MILI,MR. T DEURI,MR N MILI,MR. R CHETRI Advocate for the Respondent : PP, ASSAM, MS H BETALA(R2),MR. M AHMED(R2),MR. R K A SINGHA(R2),MR. S. K. CHAKMA(R2),MR A.K. HAJONG(R2),MR I CHAKMA(R2),MS N DEKA(R2),MS. D GHOSH(R2) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 20/08/2026 (Michael Zothankhuma, J) 1. Heard Mr. T. Deuri, learned counsel for the applicant/appellant. Also heard Ms. A. Begum, learned APP, Assam and Mr. Navin Kanti Tongchangya, learned counsel appearing on behalf of Ms. D. Ghosh, learned counsel for the respondent no. 2. 2. This is an application under Section 430 BNSS, for suspending the Page No.# 3/4 sentence to be undergone by the applicant/appellant, pursuant to his conviction under Section 376(3) IPC and Section 6 of the POCSO Act, vide the impugned judgment dated 18/06/2025, passed by the Additional Sessions Judge-cum- Special Judge, POCSO, Kamrup(M), Guwahati, in Sessions (Special) Case No. 16/2023, arising out of Hatigaon, P.S. Case No. 529/2022. The applicant/appellant was thereafter sentenced to undergo imprisonment for the remainder of his life with a fine of Rs. 1(One) lakh, in default, imprisonment for two years under Section 6 of the POCSO Act. 3. The learned counsel for the applicant has taken us through the evidence of the Prosecution Witnesses and Defence Witnesses. He submits that even though the appellant is the stepfather of the victim, the victim would have first informed her own mother (PW-5) with regard to her being raped by her stepfather. However, the same was not done, which creates a doubt as to the authenticity of the allegation made by the victim against the applicant/appellant. He also submits that the evidence of the defence witnesses, especially the evidence of DW-2, who is the grandmother of the victim, on the victim's mother's side, also does not indicate that the applicant could have raped the victim. 4. The learned APP and the Counsel for the respondent no. 2, on the other hand, submit that the Section 164 Cr.P.C. statement made by the victim corroborates the testimony of the victim made during trial. Further, the Doctor's evidence is to the effect that there were multiple tears in the hymen of the victim. They accordingly submit that the above does not show that a prima facie case for bail and suspension of the sentence in favour of the applicant, has been made out. Page No.# 4/4 5. On considering the testimony and the Section 164 Cr.P.C. statement made by the victim, along with the medical evidence regarding tears in the hymen, we are not inclined to allow the present application. Further, paper book having been provided to all the parties and the matter having been fixed for final hearing on 05-11-2026, we are of the view that suspension of sentence should not be granted at this stage. The application is accordingly rejected at this stage. 6. IA is accordingly disposed of. JUDGE JUDGE Comparing Assistant