Sikkim Court March 2015 Judgments
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Kharga Bahadur Pradhan Vs. State of Sikkim, Through the Chief Secretar ...
Court: Sikkim
Decided on: Mar-30-2015
Sunil Kumar Sinha, C.J. 1. This Appeal is directed against the Judgment dated 24.02.2014 passed in Sessions Trial Case No. 816/2013 by the Sessions Judge, Special Division-II at Gangtok, East Sikkim. By the impugned judgment, the Appellant has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.10,000/- with default sentence of rigorous imprisonment for two years. 2. The facts, briefly, stated are as under:- 2.1 Deceased, Aita Mati Lepcha, was the second wife of Pemtuk Lepcha (PW-1). Man Maya Lepcha (PW-2) is their daughter. The deceased was residing with her husband and daughter in Village: Boom. The Appellant was also residing in the same village in a rented premises. The deceased was missing since the evening of 03.08.2009. She had gone to Kaluk Bazar in the evening but she did not return in the night. Her husband, Pemtuk Lepcha (PW-1) in the said night was in the house of his first wife, which was also in the said village. In th...
State of Sikkim Vs. Pem Dorjee Sherpa
Court: Sikkim
Decided on: Mar-12-2015
Wangdi, J. 1. This is an appeal filed by the State under Section 378(1)(b) of the Code of Criminal Procedure, 1973 (in short Cr.P.C. ), against the order of acquittal of the Respondent-Accused from the offence charged against him under Section 376 of the Indian Penal Code 1860 (in short IPC ), passed by the Learned Judge, Fast Track Court, by Judgment dated 30.05.2014 in Sessions Trial (FT) Case No. 02 of 2014. 2. Briefly stated, the case of the prosecution was that on a complaint received from one Mr. Kumar Gurung, P.W.1, of Lower Tinkitam, Block, South Sikkim, on 17-09-2013, case under Section 376 IPC was registered by the Ravangla Police Station against the Respondent-Accused for having committed rape of Maina Gurung, the wife of the complainant. 3. After investigation, charge-sheet was submitted against the Respondent-Accused by the State of Sikkim vs. Pem Dorjee Sherpa Police for trial under Sections 376/511 IPC. Eventually the Learned Judge, Fast Track Court, acquitted the Appell...
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