[Indu Chukhu]
ITANAGAR, 25 Sep: A day after conviction of Yumken Bagra-prime accused in the sexual assault of 21 children case, along with Marbom Ngomdir and Singtung Yorpen, the District and Sessions Court judge heard the sentencing hearing regarding the quantum of punishment for the trio on Wednesday.
The Special Public Prosecutor (SPP) for POCSO, Tapak Uli, pleaded for the death sentence for Bagra and for life imprisonment for Marbom Ngomdir, the Hindi teacher. However, the SPP stated that he has no objection to Singtung Yorpen (former headmaster) receiving minimum imprisonment, given that his role in the case was limited.
Pro bono advocate Nikita Danggen, presenting the case, said, “This might be the rarest of rare cases, with multiple victims, and the crime was committed repeatedly. It shows he has no chance of remorse or reformation because the crime was committed over a period of time, along with a considerable number of eyewitnesses.” She stated that his family circumstances cannot be considered as mitigating factors, noting that Bagra was a happily married person. However, just because someone has a clean record in the past does not mean that he is not punishable especially, if his heinous actions shock the conscience of society.
Danggen, while referring to the theory of deterrent punishment, said, “We kill the snake not to punish the snake but to avoid further bites.” She stated that “the world would be a better place without people who are a danger to society. This will be the first case in which penetrative sexual assault is included for the death penalty without murder.” She urged the court to be bold enough to impose the death penalty.
Danggen asserted that feeding medicines to students to commit the crime falls under cold-blooded murder and has been repeatedly committed. He has had every chance to correct himself, but he continues to commit the same crime again and again.
The defense counsel representing Bagra and the other two convicts argued that their circumstances should be considered in determining punishment, as Bagra has two young children. The counsel stated that convict Singtung Yorpen had served for a long time in the state’s education department and is on the verge of retirement, having cooperated throughout the investigation.
The court also gave the three convicts a chance to speak, during which convict Bagra said, “I am not guilty; I have never committed the crime. I have two young children, a 6-year-old boy and a 9-year-old girl, and I am biologically alone. My wife runs a grocery store. I request the court for the minimum sentence, as it is affecting my children.”
Ngomdir, when asked if her punishment could be minimized, responded, “I am not guilty.”
Singtung Yorpen said, “I have never imagined such allegations would be leveled against me. I am a type two diabetic and have poor eyesight. All the allegations made against me by the five victims are untrue. Since my arrest, my father has lost his mental state. I am the sole breadwinner of my family,” he said.
Responding to a query raised by this reporter regarding the 2019 amendment of the POCSO Act concerning death sentences for aggravated sexual offenses, SPP T. Uli explained that the defense counsel raised a technical issue. They pointed out that the statements of the victims do not mention specific times and dates, and the offenses were alleged to have occurred from 2014 to 2020. Since there are no specific dates, the defense has taken advantage of this and argued that capital punishment cannot be awarded retrospectively, as there was no death penalty until 2019. After 2019, death sentences were prescribed for aggravated sexual offenses. Uli noted that the FIR was disclosed four years after the amendment, and the offenses continued until 2020.
On Thursday, there will be a sentencing hearing for the three convicts by the District & Sessions Court, presided over by Judge Jaweplu Chai.
On Tuesday after almost one-and-a-half-year, the special judge (POCSO) west sessions division in Yupia convicted prime accused Yumken Bagra for sexually assaulting 21 school children in Karo in Shi-Yomi district.
Two other accused, Daniel Pertin and Tajung Yorpen, were acquitted in the case.
Prime accused Bagra was the hostel warden of the government residential school in Karo in Shi-Yomi district, where he sexually assaulted 21 minor students.
