Sikkim Court March 2013 Judgments

State of Sikkim Vs. Sangay Sherpa

Court: Sikkim

Wangdi, ACJ. This is an appeal under Section 378 of the Code of Criminal Procedure against acquittal of the Respondent/Accused of the charges under Section 376/511 IPC in S. T. Case No.11 of 2009, passed by the learned Sessions Judge, South and West Sikkim at Namchi by the impugned judgment dated 04.05.2012. 2. The Respondent/Accused had been charged sheeted under the aforesaid provisions by the Sombaria P.S., West Sikkim, consequent to a written FIR submitted by one Phurba Sherpa of lower Ribdi, West Sikkim, stating that his daughter aged about 13 years had been sexually abused by the Respondent/Accused. Resultantly a case under Section 376 IPC was registered against him under Sombaria Police Case No.04(03)09 dated 23.03.2009. Upon completion of the investigation, charge sheet under Section 376 IPC was filed against the Respondent/Accused for being tried in accordance with law. 3. During the trial, the prosecution examined as many as 17 witnesses and exhibited 25 documents. The learne...