Page No.# 1/5 GAHC010023482025 2026:GAU-AS:5633-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/122/2025 MOHAMMAD ALI S/O. WAJUDDIN SK., R/O. HAPACHARA, P/S. BONGAIGAON, DIST BONGAIGAON VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM 2:SOYED ALI S/O. LT. JUMAR ALI R/O. HAPACHARA P/S. BONGAIGAON DIST. BONGAIGAON ASSA Advocate for the Petitioner : MR. I U CHOWDHURY, MR. A HUSSAIN,MR. A AHMED,MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA HON’BLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 24.04.2026 (Kaushik Goswami, J) Heard Mr. I. U. Choudhury, learned counsel appearing for the applicant and Ms. A. Begum, learned Additional Public Prosecutor, Assam, appearing for the State respondent. 2. By way of this interlocutory application, filed under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the “BNSS”) [corresponding to Section 389 of the Code of Criminal Procedure, 1973], the applicant, i.e., Mohammad Ali, is seeking suspension of the execution of the impugned judgment & order dated 21.12.2024 and to be released on bail during the pendency of the connected criminal appeal (Crl.A./46/2025). 3. By the said judgment and order dated 21.12.2024, the learned Special Judge, Bongaigaon (hereinafter referred to as the “trial court”), in Special (P) Case No. 68(BGN)/2022, convicted the applicant under Section 448/376(1) of the Indian Penal Code (hereinafter referred to as the “IPC”), read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the “POCSO Act”) and sentenced him under Section 448 of the IPC to undergo simple imprisonment for 1 (one) year and under Section 4 of the POCSO Act to undergo rigorous imprisonment for 20 (twenty) years and also to pay a fine of Rs. 5,000/-; in default of Page No.# 3/5 payment of the fine, to suffer simple imprisonment for 3 (three) months. 4. Mr. I. U. Choudhury, learned counsel appearing for the applicant, submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the learned trial court having ignored the inconsistencies and contradictions in the testimony of the victim, there is every chance of success in the appeal, and as such, the applicant is entitled to be released on bail. 5. Per contra, Ms. A. Begum, learned Additional Public Prosecutor, submits that the impugned conviction is based on the sole testimony of the victim, which is cogent, trustworthy, unblemished; thus, the appeal is devoid of any merit whatsoever, and hence no case for suspending the impugned conviction and releasing the applicant thereof is made out. 6. We have given our prudent consideration to the argument advanced by the learned counsels appearing for the contending parties and have perused the material available on record. 7. The power under Section 430 of the BNSS to suspend a sentence after conviction is to be exercised with caution. At this stage, the court is not required to reappreciate the entire evidence as would be done at the time of final hearing of the appeal but only to examine whether, prima facie, the conviction appears so infirm that continued incarceration would result in injustice. 8. In the present case, it appears that the victim/PW-1 has clearly deposed during trial that earlier when she was alone and sleeping in Page No.# 4/5 her bed, the applicant came and forcibly took photographs of her with him and was blackmailing her thereafter. She further submitted that by taking advantage of the photographs, he used to forcibly have sexual intercourse with her in her house when she used to be alone. It further appears that he has also thereafter made the photographs viral in WhatsApp. It appears that PW-2, the father of the victim, corroborates the testimony of PW-1 to the effect that the applicant took the naked photographs of his daughter and made the same viral. He further corroborated the testimony of PW-1 to the effect that she disclosed to him after her naked photographs had been made viral by the applicant that the applicant, on the pretext of marrying her, had sexual intercourse with her. It further appears that the victim was aged about 15 years at the time of the offence. It further appears from the medical examination report that the hymen of the victim was torn. 9. Upon considering the matter, we do not find any prima facie perversity in the findings recorded by the trial court so as to justify suspension of sentence. 10. The paper book is ready, and the connected Crl.A./46/2025 is already posted for hearing on 16.06.2026 by this court’s order dated 24.04.2026. 11. Keeping in mind the totality of the facts and circumstances of the case, vis-a-vis the gravity of the offence, we are not inclined to suspend the operation of the impugned conviction and sentence and release the applicant on bail. Page No.# 5/5 12. Accordingly, the instant application seeking suspension of execution of the sentence passed against the applicant and for his release on bail stands rejected. 13. It is needless to clarify that the observations made hereinabove are only for the purpose of considering the applicant’s prayer for suspension of execution of the sentence passed against him and for his release on bail, and such observations shall not have any bearing on the merits of the connected criminal appeal. JUDGE JUDGE Comparing Assistant