KENDRAP LEPCHA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The appellant, a teacher in a Primary School, was tried, convicted and sentenced to imprisonment for the offences of rape, aggravated penetrative sexual assault, aggravated sexual assault and for assault on the minor victim (PW-5), a schoolgirl, with intent to outrage her modesty. Both the judgment of conviction and the order on sentence dated 31.05.2018, have been challenged in the present appeal.

(2.) The First Information Report (for short "the FIR") (Exhibit-1) was lodged on 11.12.2016, by a member of the village Panchayat (PW-6), PW-1 [mother of the minor victim (PW-5)], PW- 7, PW-9, PW-10 and PW-14 (collectively referred to as first informants) mothers to the five schoolgirls aged between 7 to 11 years. The FIR (Exhibit-1) alleged that PW-14, mother of "O" (one of the five schoolgirls) was bathing her when she noticed redness on her breasts a few days ago. She therefore asked "O" about it, but she refused to open up. After a while, "O" narrated the incident and informed PW-14 that she and her other schoolgirls were being sexually assaulted by their teacher, the present appellant. The first informants alleged that the schoolgirls informed the first informants that the appellant used to touch their breasts in the classroom and outdoors. According to the first informants, the schoolgirls further alleged that the appellant used to put his finger in their private parts and lick it in front of them, make sexual gestures to them and threaten them that if they told their parents or anyone about it, he would cause serious trouble to them.

(3.) On the basis of the information, FIR No. 25(12)16 dated 11.12.2016 was registered and the case endorsed to Police Inspector Karma Euden Kaleon (PW-17) for investigation.