Rupeswar Gogoi vs The State Of Assam
2026 Latest Caselaw 285 Gua

Gauhati High Court

Rupeswar Gogoi vs The State Of Assam on 21 January, 2026

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                  Page No.# 1/3

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
                                                                       Page No.# 2/3

                                 BEFORE
                HONOURABLE MR. JUSTICE MANISH CHOUDHURY
              HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                     ORDER

Date : 21.01.2026 [M. Choudhury, J]

Heard Ms. S. Khataniar, learned Legal Aid Counsel for the applicant- appellant and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State.

2. The instant application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred seeking suspension of execution of sentence passed against the applicant-appellant and for his release on bail.

3. The applicant as appellant has preferred the accompanying criminal appeal against a Judgment and Order dated 11.09.2024 passed by the Court of learned Special Judge [POCSO], Dhemaji in Special [POCSO] Case no. 02/2020, arising out of Silapathar Police Station Case no. 364/2019. By the Judgment and Order dated 11.09.2024, the applicant-appellant has been convicted for the offences under Section 4 and Section 8 of the Protection of Children from Sexual Offences [POCSO] Act, 2012. For the offence under Section 4, POCSO Act, he has been sentenced to undergo rigorous imprisonment for twenty years and to pay a fine of Rs. 10,000/-, with default stipulation. For the offence under Section 8, POCSO Act, the applicant-appellant has been sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 3,000/-, with default stipulation. The sentences are ordered to run concurrently.

4. Issue notice, returnable on 02.03.2026.

5. As Mr. Kaushik, learned Additional Public Prosecutor has appeared and Page No.# 3/3

accepted notice on behalf of the opposite party no. 1, issuance of formal notice to the opposite party no. 1 is dispensed with.

6. The applicant-appellant shall take steps for service of notice upon the opposite party no. 2 in terms of the Practice Directions laid down in the Notification no. 17 dated 15.03.2024.

7. The learned Additional Public Prosecutor shall file objection to the instant application on or before the returnable date, if so advised.

                                 JUDGE                    JUDGE



Comparing Assistant