STATE OF SIKKIM Vs. KARNA BAHADUR RAI

JUDGEMENT

(1.) The sole testimony of a minor prosecutrix that she was sexually assaulted repeatedly by the respondent was disbelieved by the learned Special Judge. The judgment of acquittal dtd. 28/6/2018 is under challenge by the State.

(2.) The indictment against the respondent was initiated on a complaint filed by PW-1, the aunt of the minor prosecutrix. The First Information Report (for short ,,the FIR) (Exhibit-2) was recorded by Jigmee W. Bhutia (PW-14) on 1/6/2016 itself. She alleged that on 1/6/2016 when she returned home she found the minor prosecutrix crying. The minor prosecutrix was staying with the complainant (PW-1) since last four months. The FIR (Exhibit-2) stated that when the complainant (PW-1) enquired from the minor prosecutrix, she was informed that the respondent had been assaulting and raping her for many days.

(3.) The investigation by Prashant Rai (PW-15), the Investigating Officer, could not get any positive medical or forensic evidence. Dr. S.N. Adhikari (PW-7) who examined the minor prosecutrix on 1/6/2016 itself did not find any injury on either the "groin" or any part of the body of the minor prosecutrix. He also examined the respondent but could not find any evidence of recent sexual intercourse. The blood sample, dry and wet penile swab and undergarment of the respondent collected by Dr. Silesh Rai (PW-9) on 2/6/2016 could also not provide any forensic evidence against the respondent.