Page No.# 1/3 GAHC040011702022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) IA(Crl)/49/2022 Kabuk Perme Age: 55 Occupation : Address:S/o Lt. Kanin Perme Resident of Village Muriline Jarku Pasighat PO and PS Pasighat East Siang District Arunachal Pradesh. VERSUS THE STATE OF AP and Anr. Age: 0 Occupation : Address:Represented by the Public Prosecutor. 2:Pinky Bhumij Age: 0 Occupation : Address:D/o S. Bhimij C/o C.O. DC Office Tezu PO and PS Tezu District Lohit Arunachal Pradesh. ------------ Advocate for : Uttam Deka 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./32/2022 Page No.# 2/3 Kabuk Perme S/o Lt. Kanin Perme, Resident of Village Muriline Jarku Pasighat, PO and PS Pasighat, East Siang District, Arunachal Pradesh. VERSUS THE STATE OF AP and Anr. Represented by the Public Prosecutor. 2:Pinky Bhumij Age: 0 Occupation : D/o S. Bhimij C/o C.O. DC Office Tezu PO and PS Tezu District Lohit Arunachal Pradesh Advocate for the Petitioner : Uttam Deka, Chorpok Modi,A Saring,Bomyom Ori,N Tania,T Char,K Gara,M Tunar,Maji Dui,Tame Rimi Advocate for the Respondent : P P of AP, Amicus Curiae,Hage Lampu BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 19.03.2025 Heard the learned counsel Mr. C. Modi appearing for the applicant. Also heard Mr. T. Ete, the learned Addln. Public Prosecutor appearing for the State of Arunachal Pradesh as well as Mr. H. Lampu, 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 Shri Kabuk Perme was convicted and sentenced to undergo rigorous imprisonment of 10 years by the learned District Sessions Judge, East Siang District, Pasighat, Arunachal Pradesh in PSG Sessions Case No. 195/2012. He was convicted under Section 376 of the Indian Penal Code. Page No.# 3/3 4. Mr. Ete has submitted that the medical report shows that the hymen of the victim was found to be perforated. Therefore, the allegation of rape cannot be straightaway ruled out. 5. I have considered the submissions made by the learned counsel of both sides. 6. The petitioner has been in judicial custody since 29.08.2022. Therefore, this court is of the opinion that the sentence imposed upon the applicant on 29.08.2022 by the learned District Sessions Judge, East Siang District, Pasighat, Arunachal Pradesh in PSG Sessions Case No. 195/2012 shall remain suspended till disposal of the connected appeal. 7. It is also directed that the applicant Shri Kabuk Perme is allowed to go on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned District Sessions Judge, East Siang District, Pasighat, Arunachal Pradesh. With the aforesaid direction, the IA stands disposed of. JUDGE Comparing Assistant