Gauhati High Court
I.A.(Crl.)/1154/2023 of ASHIS KUMAR Vs THE STATE OF ASSAM AND ANR. on 14 June 2026
GAHC010259362023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1154/2023 ASHIS KUMAR S/O LATE ALBET KUMAR, VILL.- ORANGAJULI, P.S.- DIMAKUCHI, DIST.- UDALGURI, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PUBLIC PROSECUTORS.
GAHC010259362023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/1154/2023
ASHIS KUMAR
S/O LATE ALBET KUMAR, VILL.- ORANGAJULI, P.S.- DIMAKUCHI, DIST.- UDALGURI, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE PUBLIC PROSECUTORS.
Advocate for the Petitioner : MS. D GHOSH (LEGAL AID COUNSEL), Advocate for the Respondent : PP, ASSAM, Linked Case : CRL.A(J)/135/2023
ASHIS KUMAR
S/O LATE ALBET KUMAR
VILL.- ORANGAJULI
P.S.- DIMAKUCHI
DIST.- UDALGURI
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE PUBLIC PROSECUTORS.
2:LOK BAHADUR CHETRY
S/O LATE RATNA BAHADUR CHETRY
VILL.- NO. 2 BHOLATAR
P.S.- DIMAKUCHI
DIST.- UDALGURI
ASSAM.
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Advocate for : MS. D GHOSH (LEGAL AID COUNSEL)
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
Date : 15.06.2026 (M. Zothankhuma, J) Heard Ms. D. Ghosh, learned Legal Aid Counsel for the applicant/appellant. Also heard Ms. B. Bhuyan, learned Sr. Counsel and Addl. P.P. for the State and Ms. S. Sharma Hazarika, learned Legal Aid Counsel for the respondent No.2.
2. This is an application for suspending the sentence awarded to the applicant/appellant vide Judgment dated 07.08.2023, passed by the learned Special Judge, Udalguri, in Special (POCSO) Case No.64/2019, convicting the applicant/appellant under Section 366 IPC read with Section 4 of the POCSO Act. The applicant/appellant has been sentenced to undergo rigorous imprisonment for 7 years with fine of Rs.5,000/-, in default, to undergo simple imprisonment for 3 months under Section 366 IPC. He has also been sentenced to undergo rigorous imprisonment for 20 years, with a fine of Rs.10,000/-, in default, to undergo simple imprisonment for 6 months under Section 4 of the POCSO Act.
3. As the issue of juvenility of the applicant/appellant has been brought to the notice of this Court, this Court vide order dated 15.06.2026, passed in the main appeal, has directed the learned Trial Court to make a report with regard to whether the applicant/appellant was a juvenile at the time of the incident, in terms of Section 94 of the Juvenile Justice (Care and Protection of Children), 2015 and birth certificate, if any, issued under the Registration of Births and Deaths Act, 1969.
4. On considering the facts of the case and the fact that the matter regarding the juvenility of the applicant/appellant is to be decided by the learned Trial Court, we are not inclined to allow the present application at this stage.
5. The I.A. is accordingly dismissed.
JUDGE JUDGE Comparing Assistant