Sikkim Court July 1987 Judgments
Suk Bahadur Subba Vs. State of Sikkim
Court: Sikkim
Decided on: Jul-07-1987
Reported in: 1988CriLJ1453
R. Dayal, J.1. This appeal by the appellant Suk Bahadur Subba is directed against the judgment dated 23rd March, 1987 of the learned Sessions Judge, In-Charge, Sikkim, convicting him under Section 376 read with Section 511 of the Indian Penal Code and sentencing him to rigorous imprisonment for two years.2. The prosecution case, in brief, is as under:On30th August, 1985, the victim Bonglimaya Subba, then aged about 11 years who was living with her parents, had gone down from her residence to take bath, wash her clothes and fetch water from the water tap (dhara) and when she was coming back home, the appellant Suk Bahadur Subba met her on the way and asked her as to where her father was and then the victim told him that he had gone to a place known as 17th Mile. On getting this information the appellant taking advantage of the victim's father's absence, caught hold of her by her wrist and took her to the nearby paddy field, laid her on the ground, lifted her lungi and started commiting ...
Tag this Judgment!Smt. Sakuntala Bai and anr. Vs. State of Sikkim and ors.
Court: Sikkim
Decided on: Jul-01-1987
Reported in: [1987]66STC402(NULL)
ORDERR. Dayal, J.1. This Writ petition has been filed for quashing the order dated 19th June, 1987, passed by the learned Judicial Magistrate, East and North, ordering the issue of a warrant of attachment of immoveable properties belonging to the petitioner, in Criminal Miscellaneous Execution Petition No. 2 of 1987, which was registered at the instance of the Joint Secretary, Income-tax and Sales Tax Department for the recovery of a sum of Rs. 2,52,251.89 due on account of sales tax from the petitioner. Today is the date fixed for motion hearing. However, with the consent of both the sides, the case was heard on merits. There is no doubt that the learned Magistrate had the jurisdiction to entertain the execution petition under Section 386 of the Code of Criminal Procedure, 1898, read with Section 14 of the Sikkim Sales Tax Act, 1983. Section 386 authorises a Magistrate to issue warrant of attachment only of moveable property. As such, the order of the learned Magistrate ordering the i...
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