PASSANG TAMANG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) BY filing this Appeal, the Appellant seeks to assail the judgment dated 29 -04 -2013 passed by the Learned Judge, Fast Tract Court, East Sikkim at Gangtok in Sessions Trial Case No. 34 of 2013 by which he was convicted and sentenced for committing offence under Section 376 of the Indian Penal Code, 1860 (in short the "IPC").

(2.) BRIEFLY , the facts of the prosecution case is that, on a oral complaint lodged by one Shanti Gurung, P.W.1, that her daughter, Priyanka Gurung, P.W.2, aged about 7 years was raped by the Appellant on 25 -09 -2012, case under Sections 376/506 IPC was registered by the Officer -in -Charge, Sadar Police Station, Gangtok being FIR No. 121(09)12 dated 26 -09 -2012 against the Appellant and taken up for investigation.

(3.) In order to sustain their case, the prosecution examined 11 witnesses and after closure of the prosecution evidence the Appellant was examined under Section 313 Cr.P.C. during which he denied all the incriminating circumstances appearing against him. No defence witness was examined as the Appellant chose not to adduce any evidence in his defense. The Learned Fast Track Court upon examination of the prosecution evidence and after hearing the Learned Counsel for the parties, found the Appellant guilty of the charge under Section 376 IPC for having raped the minor victim girl of 7 years on 25 -09 -2012 and accordingly convicted him and sentenced to undergo imprisonment of 10 years and to pay a fine of Rs. 2,000/ - (Rupees two thousand) and in default of payment of the fine, to undergo further simple imprisonment for a period of two months duly setting off the period of detention already undergone by him.