Sikkim Court September 2015 Judgments
State of Sikkim Vs. Amit Darjee (Darnal)
Court: Sikkim
Decided on: Sep-25-2015
Sunil Kumar Sinha, C.J. 1. This Appeal is directed against the Judgment of acquittal dated 30.09.2014 passed by the Special Judge under Protection of Children from Sexual Offences Act, 2012, East Sikkim at Gangtokin ST (POCSO) Case No. 02 of 2014 (Old ST Case No. 17 of 2013). By State of Sikkim vs. Amit Darjee (Darnal) the impugned Judgment, the respondent has been acquitted of the charges framed under Section 363 IPC and Section 3 (a) read with Section 4 of the POCSO Act, 2012. 2. The facts, briefly stated, are as under: - 2.1 The respondent and the victim (PW-2) were well known to each other. In the afternoon of 08.05.2013 the victim (PW-2), while returning to her house, met the respondent near Cooperative Stores at Sichey. The respondent suggested that they go for a walk. Accordingly they went to Devi Dhara at Sichey, where they remained together till 05.00 PM. From there, they went to Sichey Housing Colony and walked on the street till 07.00 PM and then proceeded to Modern School, ...
Tag this Judgment!Arjun Tamang and Others Vs. State of Sikkim
Court: Sikkim
Decided on: Sep-14-2015
Sunil Kumar Sinha, C.J. 1. Petitioner No. 2, Anupama Tamang, is wife of Petitioner No. 1, Arjun Tamang. They were married on 10.07.2000. They have a female child, Smriti Tamang, aged about 13 years. She is studying in 7th standard. Petitioner No. 1 is working as Driver in the Department of Sikkim Legislative Assembly. He has been allotted a Government accommodation in Syari, Gangtok. 2. The case of the prosecution is that on 21.06.2014 at about 07.00 PM, Petitioner No.1 threw boiling tea on the face of Petitioner No.2, who sustained facial burns (injuries) which were simple in nature. First Information Report (FIR) was lodged by the brother of the victim, Bikash Subba, Petitioner No.3 herein. Copy of the FIR and the medical examination report have been filed as Annexures- P-I and P-III. 3. After filing of the charge-sheet, the Chief Judicial Magistrate, East Sikkim at Gangtok took cognizance on 22.11.2014 and ultimately charges were framed under Section 324 IPC on 17.03.2015 (Annexure ...
Tag this Judgment!Thakur Singh Chettri and Others Vs. Dharma Samsher Basnett and Another
Court: Sikkim
Decided on: Sep-09-2015
Sunil Kumar Sinha, CJ. 1. Being aggrieved with the Judgment and Decree dated 26.06.2014 passed by the Principal District Judge (EandN) Sikkim at Gangtok in Title Appeal No 3 of 2014, arising out of the Judgment and Decree dated 10.05.2012 passed by Civil Judge, South District at Namchi, South Sikkim, in Title Suit No. 01 of 2011, the Appellants/Plaintiffs have filed this Second Appeal. 2. The Appellants have lost in both the Courts. 3. The facts, briefly stated, are that the Appellants filed a Civil Suit in representative capacity claiming that they along with members of 30 families residing in 5th Mile, Tadong, have acquired easementary rights on the motorable road and footpath described in Schedule of the plaint. According to them, they acquired the said rights by way of prescription and easement of necessity. The Appellants, inter alia, contended that the road and footpath described in Schedule of the plaint, were old ones, which the villagers were using for reaching to the National...
Tag this Judgment!Abhijit Dasgupta Vs. The State of Sikkim
Court: Sikkim
Decided on: Sep-08-2015
Wangdi, J. 1. This Revision Petition filed by the Revisionist-Petitioner seeks to assail judgment dated 29-11-2014 passed by the Learned Principal Sessions Judge, East Sikkim at Gangtok, in Crl. Appeal No.02 of 2014, upholding the judgment of the Learned Judicial Magistrate, South Sikkim at Namchi, dated 29-06-2013 in General Register Case No.10 of 2013, by which he was convicted for the offence under Section 409 of the Indian Penal Code, 1860 (for short IPC ) and sentenced him to undergo simple imprisonment for 2 (two) years and to pay a fine of Rs. 6,000/- (Rupees six thousand) and in default of payment of fine, to undergo further simple imprisonment of 6 (six) months. 2. The genesis of the case against the Petitioner is traced to a written complaint dated 11-08-2012, Exhibit 1, lodged in the Temi Police Station, South Sikkim, by one Shri N. T. Bhutia, P.W.1, Branch Manager of the State Bank of India (for short SBI ), Singtam Branch, who was holding temporary charge of the Branch Man...
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