Gauhati High Court

I.A.(Crl.)/1350/2025 of RUPESWAR GOGOI Vs THE STATE OF ASSAM on 22 April 2026

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GAHC010019252025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1350/2025 RUPESWAR GOGOI S/O LATE KUKHESWAR GOGOI R/O VILL- PUKHURI PORIA P.S- LALUK DIST- LAKHIMPUR ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM 2:SMTI

GAHC010019252025

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THE GAUHATI HIGH COURT

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

Case No. : I.A.(Crl.)/1350/2025

RUPESWAR GOGOI

S/O

LATE KUKHESWAR GOGOI

R/O

VILL- PUKHURI PORIA

P.S- LALUK

DIST- LAKHIMPUR

ASSAM

VERSUS

THE STATE OF ASSAM

REP BY PP ASSAM

2:SMTI SATYAWATI LALUNG

W/O

SRI LAKHIDHAR LALUNG

R/O

VILL- LALUNG KAPATOLI

P.S- SILAPATHAR

DIST- DHEMAJI

ASSAM

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

Advocate for : MRS SANGEETA KHATANIAR

Advocate for : PP

ASSAM appearing for THE STATE OF ASSAM

Linked Case : CRL.A(J)/200/2025

RUPESWAR GOGOI

S/O , LATE KUKHESWAR GOGOI

R/O, VILL- PUKHURI PORIA

P.S. LALUK

DIST- LAKHIMPUR, ASSAM

VERSUS

THE STATE OF ASSAM

REP BY PP ASSAM

2:SMTI SATYAWATI LALUNG

W/O

SRI LAKHIDHAR LALUNG

R/O

VILL- LALUNG KAPATOLI

P.S- SILAPATHAR

DIST- DHEMAJI

ASSA

Advocate for the Petitioner : , ,MRS. S KHATANIAR, LEGAL AID COUNSEL

Advocate for the Respondent : PP, ASSAM, BEFORE

HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

Date : 23.04.2026 (M. Zothankhuma, J) Mrs. S. Khataniar, learned Legal Aid Counsel appears for the applicant/appellant, while Ms. A. Begum, learned Addl. PP appears for the State.

2. No one appears for the informant/respondent No.2, even though notice has been served upon the respondent No.2.

3. This is an application under Section 430 BNSS praying for suspension of the sentence imposed upon the applicant/appellant on being convicted under Section 4 & 8 of the POCSO Act, 2012 vide Judgment dated 11.09.2024, passed by the Court of the learned Special Judge (POCSO), Dhemaji in Special (POCSO) Case No.2/2020, arising out of Silapathar P.S. Case No.364/2019.

4. On considering the statement of the victim and keeping in view the fact that the appeal has been fixed for final hearing on 02.06.2026, we are not inclined to allow the present application. The same is accordingly dismissed. JUDGE JUDGE Comparing Assistant

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