Jagannath Gope vs The State Of Assam
2025 Latest Caselaw 7458 Gua

Gauhati High Court

Jagannath Gope vs The State Of Assam on 18 September, 2025

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GAHC010044992025




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

                                 Case No. : I.A.(Crl.)/214/2025

            JAGANNATH GOPE
            S/O. PRASADI GOPE, R/O. VILL.- KHAMBHWA, P/S. TATIJHARIA, DIST.
            HAZARIBAGH, JHARKHAND



            VERSUS

            THE STATE OF ASSAM
            REP BY THE PP, ASSAM

            2:LAXMI SINGH
             PRINCIPAL OF JAWAHAR NAVODAY VIDYALAYA
             MORIGAON
             DIST. MORIGAON
            ASSAM
             PIN-782105.MORIGAON
            ASSA

Advocate for the Petitioner   : KHAIRUL ISLAM, J S AHMED,MR. N HOQUE,MR. Y S
MANNAN

Advocate for the Respondent : PP, ASSAM, MR. T DEURI, AMICUS CURIAE R2




             Linked Case : Crl.A./79/2025

            JAGANNATH GOPE
            S/O. PRASADI GOPE
             R/O. VILL.- KHAMBHWA
             P/S. TATIJHARIA
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          DIST. HAZARIBAGH
          JHARKHAND


          VERSUS

         THE STATE OF ASSAM
         REP BY THE PP
         ASSAM

         2:LAXMI SINGH
         PRINCIPAL OF JAWAHAR NAVODAY VIDYALAYA
          MORIGAON
          DIST. MORIGAON
         ASSAM
          PIN-782105.MORIGAON
         ASSAM
          ------------
         Advocate for : MR. KHAIRUL ISLAM
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM



                              BEFORE
            HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

                                   ORDER

Date : 18.09.2025

1. Heard Mr. Y.S Mannan, learned counsel for the appellant. Also heard Mr. T Deuri, learned Amicus Curiae appearing on behalf of respondent No. 2 and Mr. K.K Das, learned Additional Public Prosecutor for the State of Assam.

2. This I/A has been preferred seeking suspension of Judgment and Order dated 22.01.2025.

3. It is the submission of Mr. Y.S Mannan, learned counsel for the appellant that having regard to the evidence on record, the finding of guilt under Section 10 of the POCSO Act was not justified and Page No.# 3/3

at best Section 8 may have been attracted which carried a minimum punishment of 3(three) years rigorous imprisonment. In the meantime, the convict appellant has spent about a year in custody.

4. Having regard to the above, the prayer for suspension of sentence is allowed. Accordingly, the execution of the sentence vide order dated 22.01.2025 by the Ld. Special Judge (POCSO), Morigaon in POCSO Case No. 50/2018 is suspended.

5. The appellant/petitioner is allowed to go on bail of Rs. 20,000/- with 2(two) sureties of the like amount to the satisfaction of the Ld. Trial Court.

6. I/A stands allowed.

7. Appeal be listed in due course.

JUDGE

Comparing Assistant