Page No.# 1/3 GAHC010023902026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/261/2026 SRI DAMBA RABIDAS LATE DHENUWA RABIDAS VILLAGE BURALIKSON P.S.KAMARGAON DISTRICT - GOLAGHAT ASSAM. VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM. 2:SRI AJIT ROBIDAS S/O-LATE KALI PRASAD ROBI DAS RESIDENT OF CHARANGIA DIST- GOLAGHAT PIN-785621 ASSAM. ------------ Advocate for : MR SHYMAL JYOTI SARMAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 18.06.2026 (M. Zothankhuma, J) 1. Heard Mr. S.J. Sarmah, learned counsel for the applicant. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam. 2. The present application has been made under Section 430 BNSS, praying for suspending the sentence to be undergone by the applicant/appellant, on being convicted under Section 4(2) of the POCSO Act by the learned Special Judge, Golaghat, vide judgment dated 25.06.2025 in connection with Special POCSO Case No.43/2022. The applicant has been sentenced to undergo rigorous imprisonment for 20 years with a fine of Rs.10,000/-, in default to undergo simple imprisonment for 1 month. 2. Heard the learned counsels for the parties and on considering the fact that the matter pertains to a 13 year old girl, who had been allegedly subjected to penetrative sexual assault and the evidence of the Doctor which shows the hymen was ruptured and there was perennial abrasion present at 9 O’clock, i.e. on the surrounding area of the private parts of the victim which could be seen after parting both labia majora and labia minor, we are not inclined to allow the present application at this stage. 3. Further, the main appeal has been fixed for hearing on 13.08.2026. Page No.# 3/3 4. The application is accordingly rejected. JUDGE JUDGE Comparing Assistant