Page No.# 1/2 GAHC010044612026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/340/2026 SRI MITHU BHUMIJ SON OF -LAL MOHAN BHUMIJ R/O - VILLAGE - LANGKACHIGUTIBARI POLICE STATION - BORDUBI DISTRICT- TINSUKIA PIN 786151 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM ------------ Advocate for : MRS SANGEETA KHATANIAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : CRL.A(J)/32/2026 SRI MITHU BHUMIJ SON OF -LAL MOHAN BHUMIJ R/O - VILLAGE - LANGKACHIGUTIBARI, POLICE STATION - BORDUBI DISTRICT- TINSUKIA, PIN 786151 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM Advocate for the Petitioner : MRS S KHATANIAR, Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 21.07.2026 (M. Zothankhuma, J) Heard Mrs. S. Khataniar, learned counsel for the applicant-appellant and Ms. B. Bhuyan, learned Addl. P.P for the State. 2. This is an application under Section 430 BNSS for suspending the sentence to be undergone by the applicant-appellant, on his conviction under Section 376 IPC read with Section 506 IPC vide Judgment dated 19.09.2025, passed by the learned Addl. District & Sessions Judge, Tinsukia in Sessions Case No.19(T)/2024, arising out of Bordubi P.S. Case No.159/2023. 3. The Prosecution case is to the effect that the applicant-appellant had raped his sister which led to his sister becoming pregnant. It has been stated at the Bar that a child has now been born to the victim. 4. On considering the fact that the final hearing on the appeal has been fixed on 07.09.2026 and keeping in view the conviction of the applicant-appellant under Section 376 IPC read with Section 506 IPC, we are not inclined to allow the application at this stage. 5. The I.A. is accordingly rejected. JUDGE JUDGE Comparing Assistant