Gauhati High Court
I.A.(Crl.)/406/2026 of SRI GOPAL CHETRY Vs THE STATE OF ASSAM AND ANR on 12 August 2026
GAHC010063252026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/406/2026 SRI GOPAL CHETRY S/O LT. KARNA BHADUR CHETRY R/O RANGACHAKUWA P.S.-JAMUGURI DISTRICT- SONITPUR ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY
GAHC010063252026
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/406/2026
SRI GOPAL CHETRY
S/O LT. KARNA BHADUR CHETRY
R/O RANGACHAKUWA
P.S.-JAMUGURI DISTRICT- SONITPUR
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR
ASSAM.
2:SUNITA DEVI
W/O RAJU SHARMA
R/O TENGABARI
BISHWANATH
SONITPUR P.S SONITPUR
DISTRICT-SONITPUR
ASSAM
------------
Advocate for : CHINKI MONI DEKA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
in Crl.A./142/2026
SRI GOPAL CHETRY
S/O LT. KARNA BHADUR CHETRY, R/O RANGACHAKUWA, P.S.-JAMUGURI
DISTRICT- SONITPUR, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.
2:SUNITA DEVI
W/O RAJU SHARMA
R/O TENGABARI
BISHWANATH
SONITPUR P.S SONITPUR
DISTRICT-SONITPUR
ASSA
Advocate for the Petitioner : CHINKI MONI DEKA, MS A GAYARI,N DEKA,C M DEKA,MR.
D HAZARIKA,MR. J M GOGOI
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
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ORDER
Date : 13/08/2026 (Michael Zothankhuma, J)
1. Heard Mr. J.M. Gogoi, learned counsel for the applicant/appellant. Also heard Mr. R.R. Kaushik, learned APP, Assam.
2. This is an application under Section 430 BNSS to suspend the sentence to be undergone by the applicant/appellant, on being convicted under Section 6 of the POCSO Act by the learned Additional Sessions Judge – cum- Special Judge, PCOSO, Kamrup (M), Guwahati, in Sessions Special Case No. 36/2025, arising out of Panbazar PS Case No. 331/2024, vide the impugned judgement dated 06/09/2025.
3. The conviction of the applicant/appellant has been done on the ground of the applicant having inserted his finger into the private parts of the 4 year old victim, which has apparently been corroborated by the evidence of the
Doctor.
4. On perusing the evidence adduced before the learned Trial Court and keeping in view that the main appeal has been fixed for hearing on 12/10/2026, we are not inclined to allow the present application.
5. The application is accordingly rejected at this stage.
JUDGE JUDGE Comparing Assistant