Gauhati High Court
I.A.(Crl.)/1115/2025 of MONJUL ALI, Vs THE STATE OF ASSAM AND ANR on 17 August 2026
GAHC010178242025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1115/2025 in Crl.A./386/2025 MONJUL ALI SON OF MD. ISHAK ALI R/O - BIHPURIA WARD NO. 1 P.S.AND P.O.-BIHPURIA DIST. - LAKIMPUR ASSAM PIN - 784161 VERSUS THE STATE
GAHC010178242025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/1115/2025
in Crl.A./386/2025
MONJUL ALI
SON OF MD. ISHAK ALI
R/O - BIHPURIA
WARD NO. 1
P.S.AND P.O.-BIHPURIA
DIST. - LAKIMPUR
ASSAM
PIN - 784161
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR
ASSAM
2:HALIMA BEGUM
WIFE OF ALAUDDIN AHMED
R/O - BIHPURIA
WARD NO. 1
P.S.AND P.O.-BIHPURIA
DIST. - LAKIMPUR
ASSAM
PIN - 784161.
PRESENTLY RESIDING AT HALIMA BEGUM
AGED 25 YEARS WIFE OF ALAUDDIN AHMED
VILL.- MORNOI GAON
OPPOSITE BHARAT GAS AGENCY
PO AND PS - BIHPURIA
DIST - LAKHIMPUR
ASSAM
PIN - 784161
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Advocate for : Accaito Sarania
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
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ORDER
Date : 18.08.2026 (M. Zothankhuma, J)
1. Heard Mr. A. Sarania, learned counsel for the applicant/appellant and Mr. K. K. Das, learned Addl. PP, for the State as well as Ms. D. Musahary, learned Legal Aid Counsel for the respondent No. 2.
2. This is an application under Section 430 B.N.S.S. for suspending the sentence to be undergone by the applicant, pursuant to the conviction of the applicant, vide judgment dated 03.05.2025, passed by the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur, in Special POCSO Case No. 2 of 2022.
3. The counsel for the applicant submits that the conviction of the applicant, on the sole testimony of the victim, (PW-2), which is not corroborated by any medical evidence, could not be reason enough for convicting the applicant. Further, the learned Trial Court did not consider the major contradictions in the testimonies of the Prosecution Witness. Further, PW-1 having been declared a hostile witness, her evidence, which was in favour of the applicant, should have been considered by the learned Trial Court, which was not done. As such, the applicant should be granted bail and the sentence may be suspended.
4. On the other hand, the learned counsels for the respondents submit that the conviction of a person accused of sexual offense under the POCSO Act can be made on the sole evidence of the victim. There being no discrepancy in the statement of the witnesses and as the final date of hearing of the appeal has already been fixed on
07.10.2026, the present application should be dismissed.
5. We have heard the learned counsels for the parties.
6. Today was fixed for hearing the main appeal. However, on the prayer made by the learned counsel for the applicant, the main appeal has been adjourned to 07.10.2026.
7. On considering the evidence and the fact situation, we are not inclined to allow the present application. The application is accordingly rejected.
JUDGE JUDGE Comparing Assistant