Page No.# 1/3 GAHC010015512026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/127/2026 SRIDEBAJIT DUTTA ALIAS DHANTU S/O LATE TANKESWAR DUTTA R/O VILL. BILOTIA MACHKHOWA P.S. DHEMAJI DIST. DHEMAJI ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:.....XXXXXX...... D/O LATE SAPUN JYOTI SAIKIA R/O 1 NO BORAJAN P.S. DHEMAJI DIST. DHEMAJI ASSAM PIN 787057 ------------ Advocate for : MR. A CHAUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Linked Case No. : Crl.A./50/2026 SRI DEBAJIT DUTTA ALIAS DHANTU S/O LATE TANKESWAR DUTTA, R/O VILL. BILOTIA, MACHKHOWA, P.S. DHEMAJI, DIST. DHEMAJI, ASSAM. Page No.# 2/3 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:.....XXXXXX...... D/O LATE SAPUN JYOTI SAIKIA R/O 1 NO BORAJAN P.S. DHEMAJI DIST. DHEMAJI ASSAM PIN 78705 Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, MS B CHOUDHURY (AMICUS CURIAE)(R2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 15.05.2026 Heard Mr.B K Mahajan, the learned counsel appearing for the applicant. Also heard Mr.K K Das, the learned Additional Public Prosecutor appearing for the State of Assam as well as Ms. B Choudhury, the learned Amicus Curiae appearing for the respondent No.2. 2. This application has been filed under Section 430 (2) of the BNSS, 2023 praying for suspension of sentence as well as for allowing the applicant to go on bail. 3. The mother of the victim, in her evidence, stated that the victim was born in the month of December 2003, whereas in the Birth Certificate given by her shows that the victim was 13 years old at the time of occurrence. The Birth Certificate has not been proved. 4. This Court in the case of Manirul Islam Versus State of Assam & Anr. reported in (2021) SCC Online Gau 719 had held that the Birth Certificate is a public document and it has to be proved by the concerned official. Here in this case, the Birth Certificate has not Page No.# 3/3 been proved. 5. I have gone through the materials available on record and I have also considered the submissions made by the learned counsel of both sides. 6. The Court is of the opinion that at this stage, the prayer of the applicant deserves to be accepted. 7. After going through the materials available in the record, the prayer of the applicant is allowed. Therefore, the sentence imposed upon the applicant by the learned Special Judge, Dhemaji in Special (POCSO) Case No.174/2023 shall remain suspended till disposal of the connected appeal. 8. The applicant Debajit Dutta @ Dhantu shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Dhemaji. With the aforesaid direction, the IA stands disposed of. JUDGE Comparing Assistant