Page No.# 1/4 GAHC010025792025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/246/2025 SUKUR ALI S/O. MD. JAKIR HUSSAIN R/O. VILL.- PUB PATHAR GHAT SONABARI P/O. SYAMTILLA P/S. DHULA DIST. DARRANG ASSAM PIN-784190 VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM 2:BOBINA BEGUM W/O. TOTA MIYA PRESENT ADDRESS- KHANKA HOUSEFED P/S. HATIGAON GUWAHATI-781038 DIST. KAMRUP (M) ASSAM. PERMANENT ADDRESS- VILL. FATIK GRIHA P/S. AND DIST. BARPETA ASSAM ------------ Advocate for : MR. S A AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/4 Linked Case :Crl.A./89/2025 SUKUR ALI S/O. MD. JAKIR HUSSAIN, R/O. VILL.- PUB PATHAR GHAT SONABARI, P/O. SYAMTILLA, P/S. DHULA, DIST. DARRANG, ASSAM, PIN-784190 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM 2:BOBINA BEGUM W/O. TOTA MIYA PRESENT ADDRESS- KHANKA HOUSEFED P/S. HATIGAON GUWAHATI-781038 DIST. KAMRUP (M) ASSAM. PERMANENT ADDRESS- VILL. FATIK GRIHA P/S. AND DIST. BARPETA ASSAM Advocate for the Petitioner : MR. S A AHMED, A. KHANAM,C S KAMTHONG,MR. F A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 11.09 .2025 (M. Zothankhuma, J) Heard Mr. S.A. Ahmed, learned counsel for the applicant. Also heard Ms. A. Begum, learned Addl. P.P., Assam. No one appears for the respondent No.2 and there is no return of service of notice upon the respondent No.2, as on date. Page No.# 3/4 2. Be that as it may, this application for suspending the sentence upon the applicant, pursuant to being convicted under Section 6 of the POCSO Act by the learned Addl. Sessions Judge-cum-Special Judge, POCSO, Kamrup(M), Guwahati, vide judgment dated 07.12.2024 passed in Sessions (Spl.) Case No.240/2023, is being taken up for consideration today. 3. The applicant’s counsel submits that the applicant has been in jail for 2 years 1 month and 10 days as on date and that in terms of the evidence given by DW-1, the applicant had been working with DW-1 on 06.08.2023 from 5 A.M. till 6:30 PM under CCTV surveillance in Krishnai, which is outside Guwahati. Further, DW-2 in his evidence had also stated the same thing as DW-1. As such, the applicant could not have raped the minor girl in Guwahati on the said date. 4. Ms. A. Begum, learned Addl. P.P. submits that as per the evidence of DW-1 and DW-2, the applicant had been working on 06.08.2023 from 5 A.M. in Krishnai. Thereafter, the applicant along with DW-1 and DW-2 had come to Sasal at 1 P.M., which is in Guwahati. As the victim had been raped around 4 P.M. on the said date, the alibi put up by the applicant that he was not in Guwahati, cannot come to his aid, as the applicant was in Guwahati when the incident had occurred. The learned Addl. P.P. further submits that the applicant has been convicted in another case under Section 6 of the POCSO Act against another victim also. 5. We have heard the learned counsels for the parties. 6. A reading of the testimony of DW-1 and DW-2 clearly goes to show that Page No.# 4/4 they had worked in Krishnai with the applicant from 5 A.M. on 06.08.2023 and that they had come to Sasal, Guwahati at around 1 P.M. The FIR stated that the incident regarding the rape of the applicant had taken place somewhere around 4 P.M. on the said date. Further, the evidence of the victim girl, i.e. PW-1, shows that the applicant was the one who had committed penetrative sexual assault on the victim. 7. On considering the medical evidence of PW-6, which shows that in the victim’s hymen there were old partial tears at 3 and 6 O’ clock position, which was swollen, tender and red, we are of the view that the applicant cannot be released on bail at this stage. Further, the applicant has also been convicted under Section 6 of the POCSO Act in another case by the same Trial Court. Accordingly, we are not inclined to allow the present application for suspending the sentence passed upon the applicant. 8. The I.A. is accordingly rejected. The above being said, any observation and findings made in this order will not be taken to be the final observation or findings of this Court at the time of hearing the appeal on merits. JUDGE JUDGE Comparing Assistant