Gauhati High Court
I.A.(Crl.)/1175/2025 of MD ABDUL JALIL Vs THE STATE OF ASSAM on 1 April 2026
GAHC010137042025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1175/2025 MD ABDUL JALIL S/O - LT. SURUJ ALI RESIDENT OF MORITOLI WARD NO 9 PS LAHIRIGHAT DISTRICT MORIGAON ASSAM PIN 782124 VERSUS THE STATE OF ASSAM
GAHC010137042025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/1175/2025
MD ABDUL JALIL
S/O - LT. SURUJ ALI
RESIDENT OF MORITOLI
WARD NO 9
PS LAHIRIGHAT
DISTRICT MORIGAON
ASSAM
PIN 782124
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP
ASSAM
2:MD. RAFIQUL ISLAM
S/O - LT ABDUL QADIR
R/O - VILL - MORITOLI
WARD NO. 09
P.S. - LAHARIGHAT
DIST - MORIGAON
ASSAM
------------
Advocate for : MR Jagat Ch Borah
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
Linked Case : Crl.A./403/2025
MD ABDUL JALIL
S/O LT SURUJ ALI
R/O - MORITOLI, WARD NO. 9,
P.S. - LAHARIGHAT
DIST - MORIGAON, ASSAM
PIN - 782124
VERSUS
THE STATE OF ASSAM
REPRESENTED BY PP, ASSAM
2:MD. RAFIQUL ISLAM
S/O - LT ABDUL QADIR
R/O - VILL - MORITOLI
WARD NO. 09
P.S. - LAHARIGHAT
DIST - MORIGAON
ASSA
Advocate for the Petitioner : MR Jagat Ch Borah, MS. A LALA,MRS R BEGUM,MR J C
BORAH,MR P KATAKI
Advocate for the Respondent : PP, ASSAM, MR. A AHMED, AMICUS CURIAE, R2
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
Date :02.04.2026 (M. Zothankhuma, J) Heard Mr. J.C. Borah, learned counsel for the applicant and Ms. A. Begum, learned Addl. P.P., Assam for the State. Also heard Mr. A. Ahmed, learned counsel for the respondent No.2.
2. The applicant has prayed for suspending the sentence imposed upon him due to his conviction by the learned Trial Court under Sections 376AB of IPC read with Section 6 of the POCSO Act, vide Judgment and Order dated 01.08.2024, passed by the Addl. Sessions Judge-cum-Special Judge (POCSO), Morigaon in POCSO Case No.88/2019. However, in view of Section 42 of the POCSO Act, the applicant was sentenced under Section 376AB of IPC.
3. On considering the evidence of the victim, who is below 12 years of age and keeping in view the fact that the matter has been listed for final hearing on 04.05.2026, as all the parties have received copies of the paper book, we are not inclined to allow the application at this stage.
4. The I.A. is accordingly dismissed.
JUDGE JUDGE Comparing Assistant