Mama Rigam v. The State of Ap and Anr

ORDER Date : 02-09-2024 Heard Mr. T. Taba, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State of Arunachal Pradesh and Mr. R. Riba, learned counsel appearing for the informant/respondent No. 2. Page No.# 2/3 This is an application under Section 439 of the Cr.P.C., 1973, praying for releasing the petitioner Shri Kenge Rigam on bail in connection with Itanagar Women Police Station Case No. 67/2021, under Sections 376/506/ IPC read with Section 6 of the POCSO Act. The petitioner has been facing trial in respect of POCSO Case No. 16/2021, pending in the Court of the learned Special Judge, POCSO, Yupia. The victim has been examined and she has become hostile. Mr. T. Ete, learned Additional Public Prosecutor submits that considering the evidence of the victim, the Investigating Officer and the Magistrate who recorded her statement at the time of investigation, deserves to be examined immediately. I have considered the submissions made by the learned counsels for both the sides. This Court is of the opinion that at this stage, the petitioner does not deserve to be released on bail. The Trial Court of the Special Judge, POCSO, Yupia is directed to dispose of the case within the next 3 (three) months of receiving this order. With the aforesaid direction, the instant bail application stands dismissed and disposed of, accordingly.

JUDGE Page No.# 3/3 Comparing Assistant

Page No.# 1/3 GAHC040007922024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/64/2024 Mama Rigam Son of Late Saje Rigam, resident of Type- I Colony, PO and PS Seppa, East Kameng District, Arunachal Pradesh VERSUS The State of AP and Anr represented by the PP of AP 2:Miss Tana Moryom Age: 0 Occupation : Daughter of Tanya Tari Yupia village PO and PS Doimukh Papumpare District Arunachal Prades Advocate for the Petitioner : Teto Taba Advocate for the Respondent : P P of AP, Mr. R. Riba BEFORE HONBLE MR. JUSTICE PARTHIVJYOTI SAIKIA