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2025 DAILYLAW 4046 (GAU)

Tabum Tapir v. The State of AP and 23 Ors

IA(Crl)/1/2025 · 2025-01-07

Kardak Ete, Malasri Nandi

body2025

Judgment text

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Page No.# 1/7 GAHC040000022025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(Crl)/1/2025 Tabum Tapir Son of Renjen Tapir, a permanent resident of village Karo, PO Pidi Circle, PS Monigong, Shi Yomi District, Arunachal Pradesh. VERSUS The State of AP and 23 Ors represented by the PP of AP 2:The Special Investigation Team Age: 0 Occupation : through the Special PP (SIT) 3:Tadam Samnam Age: 41 Occupation : Son of Late Tajo Samnam resident of Village Komte PO and PS Monigong Shi Yomi District Arunachal Pradesh. 4:Victim A Age: 0 Occupation : Daughter of Shri Tadam Samnam resident of Village Komte PO Pidi PS Monigong Shi Yomi District Arunachal Pradesh. 5:Victim B Age: 0 Page No.# 2/7 Occupation : Daughter of Raju Samnam resident of Village Komte PO Pidi PS Monigong Shi Yomi District Arunachal Pradesh. 6:Victim C Age: 0 Occupation : Daughter of Dao Puying resident of Village Sheet PO Pidi PS Monigong Shi Yomi District Arunachal Pradesh. 7:Victim D Age: 0 Occupation : Daughter of Tarang Yajo resident of Village Tayong PO Pidi PS Monigong Shi Yomi District Arunachal Pradesh. 8:Victim E Age: 0 Occupation : Daughter of Tarang Yajo resident of Village Tayong PO Pidi PS Monigong Shi Yomi District Arunachal Pradesh. 9:Victim F Age: 0 Occupation : Daughter of Tarang Yajo resident of Village Tayong PO Pidi PS Monigong Shi Yomi District Arunachal Pradesh. Page No.# 3/7 10:Victim G Age: 0 Occupation : Daughter of Shri Nyame Mardo resident of Village Piyasang PO and PS Monigong Shi Yomi District Arunachal Pradesh. 11:Victim H Age: 0 Occupation : Daughter of Shri Tadam Samnam resident of Village Komte PO and PS Monigong Shi Yomi District Arunachal Pradesh. 12:Victim I Age: 0 Occupation : Daughter of Tarang Yajo resident of Village Tayong PO Pidi PS Monigong Shi Yomi District Arunachal Pradesh. 13:Victim J Age: 0 Occupation : Son of Tagi Pyasang resident of Village Talamying PO and PS Monigong Shi Yomi District Arunachal Pradesh. 14:Victim K Age: 0 Occupation : Son of Tapuk Puying resident of Village Seeth PO and PS Monigong Shi Yomi District Arunachal Pradesh. 15:Victim L Age: 0 Page No.# 4/7 Occupation : Son of Tabin Tapen resident of Village Jorom PO and PS Monigong Shi Yomi District Arunachal Pradesh. 16:Victim M Age: 0 Occupation : Son of Shri Tapir Yajo resident of Village Tayong PO Pidi PS Monigong Shi Yomi District Arunachal Pradesh. 17:Victim N Age: 0 Occupation : Son of Taniya Yordum resident of Village Takang PO and PS Monigong Shi Yomi District Arunachal Pradesh. 18:Victim O Age: 0 Occupation : Son of Dao Puying resident of Village Sheet PO Pidi PS Monigong Shi Yomi District Arunachal Pradesh. 19:Victim P Age: 0 Occupation : Daughter of Dangir Yajo resident of Village Karo PO and PS Monigong Shi Yomi District Arunachal Pradesh. 20:Victim Q Age: 0 Occupation : Page No.# 5/7 Daughter of Shri Tagi Pyasang resident of Village Tayong PO Pidi PS Monigong Shi Yomi District Arunachal Pradesh. 21:Victim R Age: 0 Occupation : Daughter of Shri Tapir Yajo resident of Village Tayong PO Pidi PS Monigong Shi Yomi District Arunachal Pradesh. 22:Victim S Age: 0 Occupation : Son of Late Tamar Yorpen resident of Village Jorang PO and PS Monigong Shi Yomi District Arunachal Pradesh. 23:Victim T Age: 0 Occupation : Daughter of Dao Puying resident of Village Seeth PO and PS Monigong Shi Yomi District Arunachal Pradesh. 24:Victim U Age: 0 Occupation : Daughter of Shri Tapor Yajo resident of Village Besang PO and PS Monigong Shi Yomi District Arunachal Pradesh Advocate for the Petitioner : Taying Nega, Advocate for the Respondent : P P of AP, J Tsering,Spl.PP (SIT) Page No.# 6/7 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 08-01-2025 Heard Mr. J. Jini, learned counsel for the appellant/ applicant. Also heard Mr. J. Tsering, learned Special Public Prosecutor for the SIT. This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 39 days in preferring the connected appeal wherein the accused appellant was convicted under Section 17/21(a) of the POCSO Act and Section 506 of the IPC, and sentenced to undergo rigorous imprisonment for 20 years with fine for the offence under Section 17 of the POCSO Act and further imprisonment with fine for other offences also. The grounds for the delay are explained in the application which are found to be satisfactory. On the other hand, the learned Special Public Prosecutor SIT has no objection, if delay of 39 days as prayed by the appellant/applicant is condoned in preferring the connected appeal. Accordingly, Interlocutory application stands disposed of. Delay of 39 days is condoned. As the appeal has already been registered, list the matter for admission after 2(two) weeks. Page No.# 7/7 Interlocutory application stands disposed of. JUDGE Comparing Assistant