Gauhati High Court

I.A.(Crl.)/537/2023 of DILIP MANDAL @ DAS Vs THE STATE OF ASSAM AND ANR. on 14 July 2026

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GAHC010112862023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/537/2023 DILIP MANDAL @ DAS SON OF ATUL DAS RESIDENT OF VILL-BARIPUKHURI PART-2 P.S.-ABHAYAPURI DIST-BONGAIGAON ASSAM VERSUS THE STATE OF ASSAM AND ANR.

GAHC010112862023

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THE GAUHATI HIGH COURT

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

Case No. : I.A.(Crl.)/537/2023

DILIP MANDAL @ DAS

SON OF ATUL DAS

RESIDENT OF VILL-BARIPUKHURI

PART-2

P.S.-ABHAYAPURI

DIST-BONGAIGAON

ASSAM

VERSUS

THE STATE OF ASSAM AND ANR.

REPRESENTED BY P.P.

ASSAM

2:SMTI. SUBORNO MANDAL

WIFE OF LATE HARI MANDAL

RESIDENT OF VILLAGE-BARIPUKHURI

PART-1

P.S.- ABHAYAPURI

DIST-BONGAIGAON

ASSAM

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

Advocate for : MR. B HALDAR

Advocate for : appearing for THE STATE OF ASSAM AND ANR.

Linked Case : CRL.A(J)/82/2023

DILIP MANDAL @ DAS

SON OF ATUL DAS, RESIDENT OF VILL-BARIPUKHURI, PART-2, P.S.- ABHAYAPURI, DIST-BONGAIGAON, ASSAM

VERSUS

THE STATE OF ASSAM AND ANR.

REPRESENTED BY P.P., ASSAM

2:SMTI. SUBORNO MANDAL

W/O-LATE HARI MANDAL

R/O-VILLAGE-BARIPUKHURI PART-I

P.S.-ABHAYAPURI

DISTRICT- BONGAIGAON

ASSA

Advocate for the Petitioner : MR. B HALDAR, Advocate for the Respondent : PP, ASSAM, MR UJJAL CHOUDHURY, LEGAL AID COUNSEL

FOR(R-2)

BEFORE

HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

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ORDER

Date : 15.07.2026 (M. Zothankhuma, J) Heard Mr. B. Haldar, learned Legal Aid Counsel for the applicant-appellant. Also heard Ms. B. Bhuyan, learned Sr. Counsel and Addl. P.P. for the State and Mr. U. Choudhury, learned Legal Aid Counsel for the respondent No.2.

2. The applicant-appellant has prayed for suspending the sentence inflicted upon him, on his conviction under Section 6 of the POCSO Act by the learned Special Judge (POCSO), North Salmara, Abhayapuri, vide judgment and sentence dated 21.12.2022, passed in Special (P) Case No.22(A)/2021.

3. The facts of the case, as can be seen from the records, is that while the grandmother of the victim was carrying the 5-year-old victim girl, the applicant- appellant took the girl from the grandmother with her permission and started carrying the victim. While carrying the victim girl, the finger of the applicant- appellant entered the private parts of the victim girl. The above act, which was noticed by the grandmother of the victim, prima facie shows that there was penetration of the applicant’s finger into the private parts of the victim. The only question that has to be decided is whether the same was intentional or had happened unintentionally.

4. In view of the fact that the main case has been listed for final hearing on 13.08.2026, wherein the said issue would be decided, we are not inclined to allow this application at this stage.

5. The I.A. is accordingly dismissed.

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