(1.) THIS Appeal is directed against the judgment dated 29-09-2011 passed by the Learned Sessions Judge, Special Division I, Sikkim at Gangtok in S. T. Case No.3 of 2010 (hereinafter referred to as the impugned judgment) by which the Respondent-Accused was acquitted of the charge.
(2.) (i). The history of this case as per the charge-sheet is traced to a written FIR lodged by one Dilliram Sharma, P.W.1, on 06-01-2005 at 1500 hrs. in the Sadar Police Station at Gangtok stating that his wife, Indira Sharma, had been missing since 04-01-2005 and that while searching for her he came to learn from his family and friends that he was last seen with an army personnel (Respondent-Accused) who promised to provide sugar and kerosene oil at cheaper rates to her and that he knew the person very well as he had come to his house 2/3 times earlier. As his wife did not return home even till that day he suspected that she might have been kidnapped, raped and murdered by that army personnel or confined somewhere secretly. This led to the registration of Sadar Police Case No.04(01)05 dated 06-01-2005 under Sections 363/364/365 of the Indian Penal Code (in short IPC).
(3.) THE CFSL reports, Exhibits 62 and 63, received later, indicated that the articles sent for examination tested positive for blood and that the genotype profile developed from the DNA recovered from the dry leaves, MO-XV and the umbrella, MO-XII, belonged to a female individual respectively.
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