STATE OF SIKKIM Vs. SANGAY SHERPA

JUDGEMENT

(1.) THIS is an appeal under Section 378 of the Code of Criminal Procedure against acquittal of the Respondent/ Accused of the charges under Section 376/511 IPC in S. T. Case No.11 of 2009, passed by the learned Sessions Judge, South and West Sikkim at Namchi by the impugned judgment dated 04.05.2012.

(2.) THE Respondent/Accused had been charged sheeted under the aforesaid provisions by the Sombaria P.S., West Sikkim, consequent to a written FIR submitted by one Phurba Sherpa of lower Ribdi, West Sikkim, stating that his daughter aged about 13 years had been sexually abused by the Respondent/Accused. Resultantly a case under Section 376 IPC was registered against him under Sombaria Police Case No.04(03)09 dated 23.03.2009. Upon completion of the investigation, charge sheet under Section 376 IPC was filed against the Respondent/Accused for being tried in accordance with law.

(3.) IN the Appeal, the Appellant - State has sought to assail the impugned judgment only to the limited extent of the finding of the learned trial Court of having found the Respondent/Accused not guilty even in respect of the offence under Section 354 IPC by application of its powers under sub section 2 of Section 222 of the Code of Criminal Procedure.