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2025 DAILYLAW 23729 (GAU)

Tatem Tasing v. The State of AP and 2 Ors

IA(Crl)/118/2025 · 2025-12-18

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/5 GAHC040020902025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(Crl)/118/2025 Tatem Tasing Son of Shri Tarik Tasing, resident of Dosing Village, PO and PS Boleng, Siang District, Arunachal Pradesh. VERSUS The State of AP and 2 Ors represented by the PP of AP 2:Tani Mibang Age: 0 Occupation : Complainant/ Natural Father of the Victim Son of Shri Tasung Mibang resident of Sine Village PO and PS Boleng Siang District Arunachal Pradesh. 3:Smti Ome Mibang Age: 0 Occupation : Daughter of Shri Tani Mibang resident of Boleng PO and SP Boleng Siang District Arunachal Pradesh Advocate for the Petitioner : Signal Yirang, Advocate for the Respondent : P P of AP, Doba Tamut Page No.# 2/5 Linked Case : IA(Crl)/91/2024 Tatem Tasing Age: 28 Occupation : Address:Son of Shri Tarik Tasing resident of Dosing Village PO and PS Boleng Siang District Arunachal Pradesh. VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the PP of AP 2:Tani Mibang Age: 0 Occupation : Address:Complainant/ Natural Father of the Victim Son of Shri Tasung Mibang resident of Sine Village PO and PS Boleng Siang District Arunachal Pradesh. ------------ Advocate for : Signal Yirang Advocate for : P P of AP appearing for The State of AP and Anr: Advocate , appearing for 2, respectively. Linked Case : Crl.A./31/2024 Tatem Tasing Age: 28 Occupation : Address:Son of Shri Tarik Tasing resident of Dosing Village PO and PS Boleng Siang District Arunachal Pradesh. VERSUS The State of AP and Anr Page No.# 3/5 Age: 0 Occupation : Address:represented by the PP of AP 2:Tani Mibang Age: 0 Occupation : Address:Complainant/ Natural Father of the Victim Son of Shri Tasung Mibang resident of Sine Village PO and PS Boleng Siang District Arunachal Pradesh. ------------ Advocate for : Lissing Perme Advocate for : P P of AP appearing for The State of AP and Anr: Advocate , appearing for 2, respectively. ::BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 19.12.2025 This is a common order for these two appeals. Heard the learned counsel Mr. L. Perme appearing for the petitioners. Also heard Mr. T. Ete, the learned Addl. Public Prosecutor representing the State of Arunachal Pradesh as well as Mr. K. Posi, the learned counsel representing the informant/victim. 2. The petitioners Tatem Tasing and Tanyong Sitang were convicted under Sections 341 and 363 of the Indian Penal Code (IPC). For the offence under Section 341 of the IPC, they were sentenced to pay fine of ₹500/- each, with default stipulations. For the offence under Section 363 of the IPC, both the petitioners were sentenced to pay fine Page No.# 4/5 of ₹10,000/- each, with default stipulations. 3. The petitioners filed two separate appeals being Criminal Appeal No.31(AP)/2024 and Criminal Appeal No.32(AP)/2024. Presently, both the appeals are pending before this Court. 4. Now, both the petitioners and the victim of the case have come together to this Court and submitted that they have already settled their disputes and prayed for acquitting them (petitioners) from both the cases. 5. Mr. Perme, the learned counsel representing the petitioners in both the cases has relied upon a judgment of the Hon’ble Supreme Court that was delivered in Ramawatar v. State of Madhya Pradesh; reported in 2021 AIR (SC) 5228. In the said case, the Hon’ble Supreme Court has held that the touchstone for exercising the extra-ordinary power under Section 528 of the BNSS, 2023 is for doing complete justice. 6. In Ramawatar (supra), the Hon’ble Apex Court has also held that criminal proceedings involving non-heinous offences or offences which are predominantly of a private nature could be set aside at any stage of the proceeding including at the appellate level also. 7. Here, in this case, both sides have already compromised their disputes and submitted that they (petitioners) should be acquitted from their respective cases. 5. I have considered the submissions made by the learned counsels of both sides. 6. Since, both sides have compromised their disputes and the offences for which the petitioners were convicted seem to be of private nature as well as non-heinous, prayers made by them are allowed. 7. Accordingly, the petitioners, namely- Tatem Tasing and Tanyong Sitang in Criminal Appeal Nos.31(AP)/2024 No.32(AP)/2024, respectively are acquitted. With the above direction, both the appeals as well as connected Interlocutory Page No.# 5/5 Applications (Crl.) are disposed of. JUDGE Comparing Assistant