Page No.# 1/3 GAHC010211232022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/139/2023 SAJEN PUMA S/O LATE HAREN PUMA R/O BILAMPUR (FAKLIHATI) UNDER JAGIROAD POLICE STATION IN THE DISTRICT OF MORIGAON ASSAM PIN- 782410. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:KALESWAR PATOR S/O LATE MONBOR PATOR R/O VILL-BILAMPUR (FAKLIHATI) UNDER JAGIROAD POLICE STATION IN THE DISTRICT OF MORIGAON ASSAM PIN-782410 ------------ Advocate for : MR D K BHATTACHARYYA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR in Crl.A./3/2023 SAJEN PUMA Address - S/O LATE HAREN PUMA, R/O BILAMPUR (FAKLIHATI), UNDER JAGIROAD POLICE STATION, IN THE DISTRICT OF MORIGAON, ASSAM, Page No.# 2/3 PIN- 782410. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PUBLIC PROSECUTOR. 2:KALESWAR PATOR S/O LATE MONBOR PATOR VILL.- BILAMPUR (FAKLIHATI) UNDER JAGIROAD POLICE STATION IN THE DISTRICT OF MORIGAON ASSAM PIN- 782410 Advocate for the Petitioner : MR D K BHATTACHARYYA, MR A ATREYA Advocate for the Respondent : PP, ASSAM, MS. D GHOSH (LEGAL AID COUNSEL FOR R-2) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 08/01/2026 (Michael Zothankhuma, J) Heard Mr. D. K. Bhattaharyya, learned counsel for the applicant. Also heard Ms. A. Begum, learned APP, Assam, appearing for the State and Ms. D. Ghosh, learned Legal Aid Counsel for the respondent no.2. This is an application under section 430 BNSS for suspension of sentence, due to the conviction of the appellant under section 376(3) IPC/4(2) of the POCSO Act and the consequential sentence under section 4(2) of the POCSO Act, in relation to the impugned judgement dated 18/06/2022 passed by the learned Additional Sessions Judge –cum- Special Judge (POCSO), Morigaon, in POCSO case No. 79/2021. Page No.# 3/3 On considering the seriousness of the crime in question and on perusing the evidence on record, we are of the prima facie view that the prayer for suspension of the sentence cannot be allowed at this stage. Accordingly, the application is rejected. IA is accordingly disposed of. JUDGE JUDGE Comparing Assistant