Sikkim Court April 1981 Judgments
Padam Bahadur Darjee Vs. State of Sikkim
Court: Sikkim
Decided on: Apr-29-1981
Reported in: 1981CriLJ1317
Man Mohan Singh Gujral, C.J.1. Padam Bahadur Darjee was tried for an offence under Section 376, Indian Penal Code and having been convicted, was sentenced to imprisonment for life. Being aggrieved against his conviction and sundews. One has come up in appeal to this Court against the judgment and order of the Sessions Court dated 31st of December 19802. The case of the prosecution is that on 4th of August, 1980 Doma Sherpani. aged about 14-15 years, was employed by the appellant to work in his house and to look after his child. At that time the accused was living alone and his wife was away to Singtam, on 9th of August 1980. at night, when the prosecutrix was sleeping near the child the accused came to her bed and committed rape on her. The occurrence was alleged to have been witnessed by a nephew of the accused who was a young boy of 13 years. Next day, the prosecutrix finding opportunity escaped from his house and went to her brother Passang Sherpa and disclosed the incident to him. ...
Tag this Judgment!Garjaman Gajmer Vs. State of Sikkim
Court: Sikkim
Decided on: Apr-03-1981
Reported in: 1981CriLJ1067
A.M. Bhattacharjee, J.1. We have no doubt that this appeal must be allowed even on merits and the accused must be acquitted, even though the accused pleaded guilty and has been convicted by the learned Additional Sessions Judge on such plea, notwithstanding the apparent bar in Section 412 of the Code of Criminal Procedure against the maintainability of such an appeal except as to the extent or legalitv of the sentence.2. The accused has been convicted under Section 304-A, Indian Penal Code and has been sentenced to undergo one month's rigorous imprisonment and to pay a fine of Rs. 300/- in default to suffer rigorous imprisonment for a further period of 15 days. The learned Additional Sessions Judge, 'upon consideration of all the documents referred to in Section 173' as required by Section 251-A of the Code of Criminal Procedure, 1898, by which this State is still governed, framed a charge against the accused as hereunder:-I...hereby charge you Gariaman Lohar as follows:-That you on or...
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