Page No.# 1/3 GAHC010128452025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/778/2025 JITEN BARMAN S/O - PARAMESWAR BARMAN R/O - NAYTAMARA PT-II P.S. - BONGAIGAON DIST - BONGAIGAON ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM 2:SMT JANAKI BARMAN W/O - ARUN BARMAN R/O - NOITAMARA PART-II P.S. - BONGAIGAON DIST - BONGAIGAON ASSAM ------------ Advocate for : BANDANA HAZARIKA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM in Crl.A./266/2025 JITEN BARMAN S/O - PARAMESWAR BARMAN R/O - NAYTAMARA PT-II P.S. - BONGAIGAON DIST - BONGAIGAON, ASSAM Page No.# 2/3 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM 2:SMT JANAKI BARMAN W/O - ARUN BARMAN R/O - NOITAMARA PART-II P.S. - BONGAIGAON DIST - BONGAIGAON ASSA Advocate for the Petitioner : , MS. B. HAZARIKA,MR. I U CHOWDHURY,MD. MEMON AHMED,MS. R CHOUDHURY Advocate for the Respondent : PP, ASSAM, MRS. A GAYAN (LEGAL AID COUNSEL, R2) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 02/09/2026 (Michael Zothankhuma, J) 1. Heard Ms. R Choudhury, learned senior counsel assisted by Ms. S. Ahmed, learned counsel for the applicant/appellant. Also heard Ms. B. Bhuyan, learned senior counsel and APP, Assam and Ms. A Gayan, learned Legal Aid Counsel for the respondent no. 2. 2. This application has been filed under section 430 BNSS for suspending the sentence to be undergone by the applicant/appellant, pursuant to the judgment dated 02/04/2025, passed by the learned Special Judge, Bongaigaon, in Special (POCSO) case no. 01(BGN)/2024 arising out of Bongaigaon PS case no. 399/2023, by which the applicant has been convicted under section 376(AB)/506 IPC, read with section 6 of the POCSO Act. Page No.# 3/3 3. On considering the fact that the victim was around 9 years of age when the appellant had a apparently inserted his private parts into her private parts and PW-3 has stated that he had seen the appellant carrying the victim, besides seeing the act of the applicant's penis touching the private parts of the victim, we are not inclined to allow the prayer for suspension of sentence at this stage. Consequently, the application is rejected. JUDGE JUDGE Comparing Assistant