ORDER

Date : 29.05.2025 Heard Mr. A. K. Gupta, learned counsel appearing for the applicant. Also heard Mr. S. Nawaz, learned Amicus Curiae appearing for the respondent No.2 and Mr. P. S. Lahkar, learned Additional Public Prosecutor appearing for the State respondent.

2. This application is filed under Section 430(1) of BNSS, 2023 for suspension of the sentence passed by the learned Additional Sessions Judge Cum Special Judge, POCSO, Tinsukia in POCSO Case No.62/2022 vide judgment dated 18.12.2024, convicting the applicant under Section 10 of the Protection of Children from Sexual Offences Act, 2012 and sentencing thereby to undergo Rigorous Imprisonment for 5 (five) years and to pay a fine of Rs.10,000/- in default of payment of fine, Rigorous imprisonment for 4 (four) months. 3. By the aforesaid judgment and order dated 18.12.2024, the Additional Sessions Judge Cum Special Judge, POCSO, Tinsukia in POCSO Case No.62/2022, convicted the accused/applicant under Section 10 of the POCSO Act, and sentence the accused/applicant thereby.

4. Mr. A. K. Gupta, learned counsel for the accused/applicant submits that the conviction being solely based on the testimony of the victim girl, which is u