Gauhati High Court

I.A.(Crl.)/467/2024 of HABI RAHMAN @ HABIBAR RAHMAN Vs THE STATE OF ASSAM AND ANR. on 4 August 2026

Cites 0, Cited by 0

GAHC010100122024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/467/2024 HABI RAHMAN @ HABIBAR RAHMAN S/O LATE MOFIJAL ALI @ MOHIJAL ALI, R/O BHELAKOBA PART- II, P.S.- BAGRIBARI, DIST.- KOKRAJHAR (ASSAM). VERSUS THE STATE OF

GAHC010100122024

undefined

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Crl.)/467/2024

HABI RAHMAN @ HABIBAR RAHMAN

S/O LATE MOFIJAL ALI @ MOHIJAL ALI, R/O BHELAKOBA PART- II, P.S.- BAGRIBARI, DIST.- KOKRAJHAR (ASSAM).

VERSUS

THE STATE OF ASSAM AND ANR.

TO BE REP. BY THE P.P., ASSAM.

2:MONIR UDDIN AHMED

S/O LATE NASIM UDDIN

R/O BHELAKOBA PART- II

P.S.- BAGRIBARI

DIST.- KOKRAJHAR (ASSAM)

PIN- 783337

Advocate for the Petitioner : MR H R A CHOUDHURY, MR. A AHMED,MR. I U CHOWDHURY

Advocate for the Respondent : PP, ASSAM, MR A TEWARI, AMICUS CURIAE R2

Linked Case : Crl.A./156/2024

HABI RAHMAN @ HABIBAR RAHMAN

S/O LATE MOFIJAL ALI @ MOHIJAL ALI

R/O BHELAKOBA PART- II

P.S.- BAGRIBARI

DIST.- KOKRAJHAR (ASSAM).

VERSUS

THE STATE OF ASSAM AND ANR.

TO BE REP. BY THE P.P.

ASSAM.

2:MONIR UDDIN AHMED

S/O LATE NASIM UDDIN

R/O BHELAKOBA PART- II

P.S.- BAGRIBARI

DIST.- KOKRAJHAR (ASSAM)

PIN- 783337.

------------

Advocate for : MR H R A CHOUDHURY

Advocate for : PP

ASSAM appearing for THE STATE OF ASSAM AND ANR.

BEFORE

HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORDER

Date :05/08/2026 (Michael Zothankhuma, J)

1. Heard Mr. I.U. Choudhury, learned counsel for the applicant/appellant. Also heard Mr. R.R. Kaushik, learned APP, Assam and Mr. A.Tiwari, learned Amicus Curiae, appearing for the respondent no. 2.

2. This is an application under Section 389 Cr.P.C. seeking suspension of the execution of sentence passed against the applicant pursuant to the impugned judgement dated 30/03/2024 passed by the Court of the learned Special Judge, Kokrajhar, in Special Case No. 51/2018, by which the applicant/appellant has been convicted under Section 6 of the POCSO Act for having committed aggravated penetrative sexual assault on a 11 year old girl.

3. The main thrust of the submission of the applicant’s counsel is that the FIR

had been lodged 9 days after the incident. Further, the victim, the grandmother of the victim and cousin could not recall the exact date when the when rape had occurred. Learned counsel for the applicant further submits that no clothes of the victim had been seized and the entire case rests solely on the evidence of the victim and the interested witnesses.

4. Mr. R.R. Kaushik, learned APP, Assam and Mr. A.Tiwari, learned Amicus Curiae, appearing for the respondent no. 2, submit that the FIR had been filed in the year 2018 and the evidence of the witnesses had been taken 4 years later. As such, it would have been difficult for an 11 year old girl and the witnesses to remember the exact date of the incident, after 4 years of the incident. Further, PWs- 4 & 7 had seen the appellant taking the victim girl to his house. Further, the statement of the victim under Section 164 Cr.P.C. corroborated the testimony of the victim.

5. We have heard the learned counsels for the parties.

6. On considering the submissions made by the counsels for the parties and keeping in view that the final hearing of this case has been fixed on 08/09/2026, we are not inclined to allow the present application at this stage.

7. The application is accordingly rejected.

JUDGE JUDGE Comparing Assistant

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead