Page No.# 1/3 GAHC010063252026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/406/2026 SRI GOPAL CHETRY S/O LT. KARNA BHADUR CHETRY R/O RANGACHAKUWA P.S.-JAMUGURI DISTRICT- SONITPUR ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM. 2:SUNITA DEVI W/O RAJU SHARMA R/O TENGABARI BISHWANATH SONITPUR P.S SONITPUR DISTRICT-SONITPUR ASSAM ------------ Advocate for : CHINKI MONI DEKA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR in Crl.A./142/2026 SRI GOPAL CHETRY S/O LT. KARNA BHADUR CHETRY, R/O RANGACHAKUWA, P.S.-JAMUGURI DISTRICT- SONITPUR, ASSAM VERSUS Page No.# 2/3 THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. 2:SUNITA DEVI W/O RAJU SHARMA R/O TENGABARI BISHWANATH SONITPUR P.S SONITPUR DISTRICT-SONITPUR ASSA Advocate for the Petitioner : CHINKI MONI DEKA, MS A GAYARI,N DEKA,C M DEKA,MR. D HAZARIKA,MR. J M GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 13/08/2026 (Michael Zothankhuma, J) 1. Heard Mr. J.M. Gogoi, learned counsel for the applicant/appellant. Also heard Mr. R.R. Kaushik, learned APP, Assam. 2. This is an application under Section 430 BNSS to suspend the sentence to be undergone by the applicant/appellant, on being convicted under Section 6 of the POCSO Act by the learned Additional Sessions Judge – cum- Special Judge, PCOSO, Kamrup (M), Guwahati, in Sessions Special Case No. 36/2025, arising out of Panbazar PS Case No. 331/2024, vide the impugned judgement dated 06/09/2025. 3. The conviction of the applicant/appellant has been done on the ground of the applicant having inserted his finger into the private parts of the 4 year old victim, which has apparently been corroborated by the evidence of the Page No.# 3/3 Doctor. 4. On perusing the evidence adduced before the learned Trial Court and keeping in view that the main appeal has been fixed for hearing on 12/10/2026, we are not inclined to allow the present application. 5. The application is accordingly rejected at this stage. JUDGE JUDGE Comparing Assistant