PADAM BAHADUR DARJEE Vs. STATE OF SIKKIM

JUDGEMENT

(1.) PADAM Bahadur Darjee was tried for an offence under Section 376, Indian Penal Code and having been convicted, was sentenced to imprisonment for life. Being aggrieved against his conviction and sundews. One has come up in appeal to this Court against the judgment and order of the Sessions Court dated 31st of December 1980

(2.) THE case of the prosecution is that on 4th of August, 1980 Doma Sherpani. aged about 14-15 years, was employed by the appellant to work in his house and to look after his child. At that time the accused was living alone and his wife was away to Singtam, on 9th of August 1980. at night, when the prosecutrix was sleeping near the child the accused came to her bed and committed rape on her. The occurrence was alleged to have been witnessed by a nephew of the accused who was a young boy of 13 years. Next day, the prosecutrix finding opportunity escaped from his house and went to her brother Passang Sherpa and disclosed the incident to him. A complaint was then got drafted from Shri N. B. Pradha, Vendor, and was presented at the Police Station on 11th of August, 1980, on the basis of which a case was registered. During the investigation, the prosecutrix was medically examined. The accused was arrested on the 12th of August, 1980 and was also got medically examined. Ultimately, chargesheet was framed which led to the conviction of the accused.

(3.) WHEN examined under Section 342, Code of Criminal Procedure the accused admitted that the prosecutrix started working with him from 4th of August, 1980 but denied the suggestion that1 he had enticed her to his house. In fact,1 he' added that, her brother had brought the prosecutrix to his hottest for working with him. Regarding the incident, the allegations were totally denied and he asserted that it was a false case. He further took up the plea that his wife and brother-in-law were present on the day of the occurrence and that he had been sick for some time pasty and that he had become impotent. To establish this plea, the accused examined his wife Baby Tamang and his brother-inlaw Sarin Tamang in defence.