Page No.# 1/2 GAHC010203532023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/211/2025 in Crl.A./333/2023 NABIBAR DEWAN S/O IBRAHIM DEWAN VILL.- TATIKUCHI P.O.- SONAFULI P.S.- BARPETA ASSAM PIN- 781318. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:SOHIDUL ISLAM S/O MALAM KHAN VILL.- KHARUAPARA P.O.- RADHA KUCHI P.S.- BARPETA DIST.- BARPETA ASSAM PIN- 781309. ------------ Advocate for : ABDUL ALIM SK Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 07.08.2026 (M. Zothankhuma, J) Heard Mr. I. U. Chouhdury, learned counsel for the applicant/appellant and Ms. A. Begum, learned Addl. PP, Assam. Page No.# 2/2 2. This is an application under Section 430 BNSS for suspension of the sentence to be undergone by the applicant, pursuant to the impugned judgment dated 17.08.2023, passed by the learned Addl. Sessions Judge -cum- Special Judge (POCSO), Barpeta, in Special (P) Case No. 182/2019, by which the applicant has been convicted under Section 376 IPC. 3. After hearing the learned counsels for the parties and on considering the fact the testimony of a victim of rape is equivalent to an injured witness, if not more, this Court is not inclined to allow the application filed under Section 430 BNSS at this stage. Further, the main case is fixed for hearing on 15.09.2026. 4. Accordingly, the application is rejected. JUDGE JUDGE Comparing Assistant