Court : Sikkim
Decided on : Mar-27-2014
..... the offending article. as per him, it was an article having relevance to the social issues of the time authored by one mr. duknath napal, editor of nepali newspaper, namely, sangrila times. the letter written by the deputy director, department of information and public relations, government of sikkim to the editor of the newspaper, ..... on 24-04-2008 as the other one was not found to be incriminating by the trial court, a finding which remained unchallenged. 3. in the nepali newspaper, hamro prajashakti in its issue dated 24-04-2008, an article titled œaaj dharamshalama tala lagayo bholee rangpoko gatema tala lagauncha dhikkar cha aaphno matoma ..... respondent no.1 who is the editor and publisher sikkim social empowerment association vs. shri anjan upadhyaya and another of local dailies, namely, hamro prajashakti in nepali and himalayan mirror in english had indulged in publishing various offending news articles which tended to promote feelings of enmity or hatred or ill-will between sikkimese .....
Tag this Judgment!Court : Sikkim
Decided on : Aug-11-2014
..... -chief gets diminished when he states "since i am illiterate i cannot read the contents of the affidavit in evidence filed by me i also cannot write in nepali although i can sign in nepali", and gives rise to grave suspicion on the veracity of the evidence on affidavit affirmed on 27-11 2009 and its confirmation on 18-02-2010. (vii .....
Tag this Judgment!Court : Sikkim
Decided on : Sep-15-2014
..... ). (iv) the other document referred to and relied upon was exhibit d3 being the statement of the minor driver sheik masoom recorded under section 161 cr.p.c. in the nepali vernacular, which when translated in english, reads as follows:- my true statement is that i got up at about 4 a.m. in the morning of today, i.e., 07 .....
Tag this Judgment!Court : Sikkim
Decided on : Oct-31-2014
Wangdi, J. 1. By filing this Appeal, the Appellant seeks to assail the judgment dated 29-04-2013 passed by the Learned Judge, Fast Tract Court, East Sikkim at Gangtok in Sessions Trial Case No.34 of 2013 by which he was convicted and sentenced for committing offence under Section 376 of the Indian Penal Code, 1860 (in short the IPC ). 2. Briefly, the facts of the prosecution case is that, on a oral complaint lodged by one Shanti Gurung, P.W.1, that her daughter, Priyanka Gurung, P.W.2, aged about 7 years was raped by the Appellant on 25-09-2012, case under Sections 376/506 IPC was registered by the Officer-in-Charge, Sadar Police Station, Gangtok being FIR No.121(09)12 dated 26-09-2012 against the Appellant and taken up for investigation. 3(i). During the course of the investigation, the victim Priyanka Gurung, P.W.2, was forwarded to the STNM Hospital, Gangtok, for medical investigation. The Investigating Officer (in short the I.O. ), P.W.11, visited and inspected the place of occurre...
Tag this Judgment!Court : Sikkim
Decided on : Jun-05-2014
Wangdi, J. 1. Writ Petition (C) Nos.22 and 23 of 2012 were originally filed before the Hon ble Supreme Court being Writ Petition (C) Nos.101 and 102 of 2012 respectively. Vide order dated 08-05-2012 the Hon ble Supreme Court was pleased to transfer them to this Court for disposal under Article 226 of the Constitution of India as various issues involved in the cases were of local nature. We may reproduce the said order of the Hon ble Supreme Court which reads as under:- The question raised in these writ petitions under Article 32 of the Constitution should, in our view, be first considered by the Sikkim High Court under Article 226 of the Constitution. There are various issues involved which are local in nature and should be considered at that level. Accordingly, let the writ petitions filed by Tenzing Bhutia and Another and Sonam Lama, which have been registered as be transferred to the Sikkim High Court, to be treated as writ petitions under Article 226 of the Constitution. The Regist...
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