Page No.# 1/3 GAHC010044992025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/214/2025 JAGANNATH GOPE S/O. PRASADI GOPE, R/O. VILL.- KHAMBHWA, P/S. TATIJHARIA, DIST. HAZARIBAGH, JHARKHAND VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM 2:LAXMI SINGH PRINCIPAL OF JAWAHAR NAVODAY VIDYALAYA MORIGAON DIST. MORIGAON ASSAM PIN-782105.MORIGAON ASSA Advocate for the Petitioner : KHAIRUL ISLAM, J S AHMED,MR. N HOQUE,MR. Y S MANNAN Advocate for the Respondent : PP, ASSAM, MR. T DEURI, AMICUS CURIAE R2 Linked Case : Crl.A./79/2025 JAGANNATH GOPE S/O. PRASADI GOPE R/O. VILL.- KHAMBHWA P/S. TATIJHARIA Page No.# 2/3 DIST. HAZARIBAGH JHARKHAND VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM 2:LAXMI SINGH PRINCIPAL OF JAWAHAR NAVODAY VIDYALAYA MORIGAON DIST. MORIGAON ASSAM PIN-782105.MORIGAON ASSAM ------------ Advocate for : MR. KHAIRUL ISLAM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 18.09.2025 1. Heard Mr. Y.S Mannan, learned counsel for the appellant. Also heard Mr. T Deuri, learned Amicus Curiae appearing on behalf of respondent No. 2 and Mr. K.K Das, learned Additional Public Prosecutor for the State of Assam. 2. This I/A has been preferred seeking suspension of Judgment and Order dated 22.01.2025. 3. It is the submission of Mr. Y.S Mannan, learned counsel for the appellant that having regard to the evidence on record, the finding of guilt under Section 10 of the POCSO Act was not justified and Page No.# 3/3 at best Section 8 may have been attracted which carried a minimum punishment of 3(three) years rigorous imprisonment. In the meantime, the convict appellant has spent about a year in custody. 4. Having regard to the above, the prayer for suspension of sentence is allowed. Accordingly, the execution of the sentence vide order dated 22.01.2025 by the Ld. Special Judge (POCSO), Morigaon in POCSO Case No. 50/2018 is suspended. 5. The appellant/petitioner is allowed to go on bail of Rs. 20,000/- with 2(two) sureties of the like amount to the satisfaction of the Ld. Trial Court. 6. I/A stands allowed. 7. Appeal be listed in due course. JUDGE Comparing Assistant