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2025 DAILYLAW 4214 (GAU)

Pema Dajangju v. The State of AP and Anr

IA(Crl)/7/2024 · 2025-03-18

Budi Habung, Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC040001972024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) IA(Crl)/7/2024 Pema Dajangju Age: 34 Occupation : Address:Son of Shri Toso Dajangju resident of Nafra Village PO Nafra West Kameng District Arunachal Pradesh VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the PP of AP 2:Ravina Sakhong Age: 0 Occupation : Address:Wife of Shri Pema Dajangju resident of Nafra Village PO Nafra West Kameng District Arunachal Pradesh ------------ Advocate for : Rajesh Sonar Advocate for : P P of AP appearing for The State of AP and Anr: Advocate , appearing for 2, respectively. Linked Case : Case No. : Crl.A./7/2024 Page No.# 2/3 Pema Dajangju Son of Shri Toso Dajangju, resident of Nafra Village, PO Nafra, West Kameng District, Arunachal Pradesh VERSUS The State of AP and Anr represented by the PP of AP 2:Ravina Sakhong Age: 0 Occupation : Wife of Shri Pema Dajangju resident of Nafra PO Nafra West Kameng District Arunachal Prades Advocate for the Petitioner : Rajesh Sonar, R Taku Advocate for the Respondent : P P of AP, T Tsering,H Richo,G Riba BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 19.03.2025 (Parthivjyoti Saikia,J) Heard the learned counsel Mr. R. Sonar appearing for the applicant. Also heard Mr. D. Loyi, the learned Public Prosecutor appearing for the State of Arunachal Pradesh as well as Mr. T. Tsering, the learned counsel appearing for the informant. 2. This application has been filed under Section 389 of the Code of Criminal Procedure, 1973 praying for suspension of sentence as well as for releasing the applicant on bail. 3. The applicant Pema Dajangju was sentenced to undergo imprisonment by the learned Special Judge (POCSO), West Kameng District in POCSO Case No.04/2022. 4. Now, the learned counsel for the applicant as well as the informant have Page No.# 3/3 submitted that the applicant and the victim have already married and they have a child also. Their marriage was performed as per local rituals. 5. We have considered the submissions made by the learned counsel of both sides. We have also gone through the impugned judgment. 6. Having heard the learned counsel of both sides, it is hereby directed that the sentence imposed upon the applicant on 18.12.2023 by the learned Special Judge (POCSO), West Kameng District in POCSO Case No.04/2022 shall remain suspended till disposal of the appeal. 7. It is also directed that the applicant Pema Dajangju shall be released on bail of Rs. 20,000/- with a surety of like amount to the satisfaction of the learned Special Judge (POCSO), West Kameng District. The IA stands disposed of accordingly. JUDGE JUDGE Comparing Assistant