Dismissed¶¶29

MD Abdul Jalil v. the State of Assam

Gauhati HC1 Apr 2026I.A.(Crl.)/1175/2025

Case brief

AI extract

What is this about?

Suspension of sentence refused pending appeal; conviction under Sections 376AB IPC read with Section 6 POCSO Act, sentence under Section 376AB IPC in view of Section 42 POCSO Act; POCSO Case No.88/2019, Addl. Sessions Judge-cum-Special Judge (POCSO), Morigaon, Judgment and Order dated 01.08.2024; victim below 12 years; final hearing listed 04.05.2026; linked case Crl.A./403/2025; interim application I.A.(Crl.)/1175/2025 dismissed by Gauhati High Court on 02.04.2026.

What did the court decide?

The application for suspension of sentence is not allowed at this stage, on considering the evidence of the victim, who is below 12 years of age, and since the matter is listed for final hearing on 04.05.2026 with all parties having received copies of the paper book. ¶¶28

MD Abdul Jalil Vs the State of Assam — Child Sexual Offences (POCSO) | Gauhati HC (2026)

Page No.# 1/3

GAHC010137042025

undefined

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

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Case No. : I.A.(Crl.)/1175/2025

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MD ABDUL JALIL S/O - LT. SURUJ ALI RESIDENT OF MORITOLI WARD NO 9 PS LAHIRIGHAT DISTRICT MORIGAON ASSAM PIN 782124

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM

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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

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Linked Case : Crl.A./403/2025

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MD ABDUL JALIL S/O LT SURUJ ALI

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Page No.# 2/3

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R/O - MORITOLI, WARD NO. 9, P.S. - LAHARIGHAT DIST - MORIGAON, ASSAM PIN - 782124

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY PP, ASSAM

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2:MD. RAFIQUL ISLAM S/O - LT ABDUL QADIR R/O - VILL - MORITOLI WARD NO. 09 P.S. - LAHARIGHAT DIST - MORIGAON ASSA

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Advocate for the Petitioner : MR Jagat Ch Borah, MS. A LALA,MRS R BEGUM,MR J C BORAH,MR P KATAKI

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Advocate for the Respondent : PP, ASSAM, MR. A AHMED, AMICUS CURIAE, R2

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BEFORE

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HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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.

¶25

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

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Page No.# 3/3

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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.

¶28

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.

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The I.A. is accordingly dismissed.

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JUDGE JUDGE

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Comparing Assistant

MD Abdul Jalil v. the State of Assam

Case brief

What is this about?

What did the court decide?

MD Abdul Jalil v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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