I.A.(Crl.)/510/2026 of NIKU MONI DAS Vs THE STATE OF ASSAM AND ANR. on 30 September 2026

ORDER

Date : 01-10-2026 (M. Zothankhuma, J) Heard Mr. M. Dutta, learned counsel for the applicant/appellant. Also heard Mr. R.R. Kaushik, learned Addl. P.P, Assam appearing for the State respondent and Ms. S. Sharma, learned counsel for the respondent No.2/informant.

2. This is an application under Section 430 BNSS for suspension of the sentence being undergone by the applicant/appellant, pursuant to the impugned Judgment dated 17/03/2026 passed by the learned Special Judge, Kamrup, Amingaon in Special (POCSO) Case No. 16/2022, by which the applicant/appellant has been convicted under Section 6 of the POCSO Act, 2012 and sentenced to undergo rigorous imprisonment for 20 years with fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for another 2 months.

3. The applicant's counsel submits that a reading of the impugned judgement would go to show that there has been no finding to the effect that the applicant/appellant has been found guilty of having committed the offence punishable under Section 6 of the POCSO Act and as such, there was no justification for convicting and sentencing the applicant under Section 6 of the POCSO Act.

4. Mr. R.R. Kaushik, learned Addl. P.P and Ms. S. Sharma, learned counsel for the respondent No.2/ informant submit that though there might not be any finding made by the learned Trial Court in the impugned judgement, with regard to the guilt of the applicant/ appellant, in respect of the offence under Section 6 of the POCSO Act, the evidence of the victim clearly goes to show that the applicant was guilty of having committed the offence punishable under Section 6 of the POCSO Act.

5. On considering the submissions of the learned counsels for the parties and on perusing the impugned judgement, we find that the learned Trial Court has not made any discussion or finding with regard to the guilt of the applicant/appellant, in respect of the offence punishable under Section 6 of the POCSO Act. Without going into the merits of the case, we are of the view that the applicant should be enlarged on bail, on furnishing a bond of Rs.30,000/- with one surety of like amount, to the satisfaction of the learned Trial Court. Consequently the sentence being undergone by the applicant/appellant, pursuant to the impugned Judgment dated 17/03/2026 passed by the learned

Special Judge, Kamrup, Amingaon in Special (POCSO) Case No. 16/2022 is hereby suspended, till final disposal of the appeal.

6. It is made clear that any observations or findings made in this order shall not be construed to be the final findings or observations of this Court at the time of hearing the appeal.

7. The application is accordingly allowed and disposed of.

JUDGE JUDGE Comparing Assistant