Itanagar: A Special Court in Yupia on Wednesday sentenced a 37-year-old man Tana Tajik to seven years of rigorous imprisonment for raping a girl in 2017, after convicting him under Section 376 of the Indian Penal Code. The court also imposed a fine of Rs 10,000, with a default sentence of one month simple imprisonment.
The order was passed by Special Judge (POCSO) Dr. Hirendra Kashyap in connection with Itanagar Women Police Station Case No. 38/2017. Initially booked under Sections 341 and 506 IPC read with Section 6 of the POCSO Act, the court found that while the act of rape was established beyond reasonable doubt, the prosecution failed to prove the victim’s minority with documentary evidence—leading to a conviction under Section 376 IPC instead.
On the day of sentencing, the convict was produced from judicial custody in Jullang. Chief Legal Aid Defence Counsel (CLADC) Shri A. Saring appeared for the convict, while the State was represented by Additional Special Public Prosecutor (POCSO) Mrs. K. Bagra.
During the hearing on the quantum of sentence, the defence submitted that the convict was a first-time offender with no prior criminal record and argued for leniency on the grounds of immaturity at the time of the offence, as well as family hardship. It was stated that the convict is the sole breadwinner of a family comprising an elderly father, a wife, and two minor children. The convict himself pleaded for mercy and an opportunity to reform.
However, the prosecution argued for the maximum sentence permissible, describing the offence as heinous and highlighting the convict’s conduct during trial—including threats issued to the victim’s father after securing bail and remaining absconding for over six years until his re-arrest in March 2024.
In his order, Judge Kashyap observed that the convict not only dragged the victim into a jungle and raped her, but also threatened her family post-release and defied judicial proceedings by absconding for a prolonged period. While acknowledging that the convict was a first-time offender, the court held that his actions warranted no benefit under Section 360 CrPC or the Probation of Offenders Act.
The court directed that the period of pre-trial custody—amounting to one year, seven months and five days—be set off under Section 428 CrPC. The convict was remanded to judicial custody, and a warrant of commitment was issued for undergoing the remaining sentence.
The matter was also referred to the District Legal Services Authority (DLSA), Papum Pare, for providing appropriate compensation to the victim under the Arunachal Pradesh Victim Compensation Scheme, 2011. Copies of the judgment were directed to be forwarded to the District Magistrate, ICR Itanagar, and the Superintendent of Police, Itanagar, for information. Seized materials, if any, are to be disposed of as per law.
The convict was informed of his right to appeal the judgment before the High Court.
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