SANJAY TAMANG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This Appeal is directed against the judgment dated 12.08.2013 of the Learned Judge, Fast Track Court, South and West Sikkim at Namchi, in Sessions Trial (Fast Track) Case No. 15 of 2013 whereby the Appellant was convicted of the offence under Section 375 read with Section 376 of the Indian Penal Code, 1860 (in short "IPC") and was sentenced to undergo imprisonment of seven years and fine of Rs. 2,000/- (Rupees two thousand) and, in default of payment of the fine, to undergo further simple imprisonment of three months.

(2.) Based on a written FIR lodged at Soreng Police Station on 29.10.2011 at about 0130 hours by Jushna Tamang, prosecutrix P.W.1, Soreng P.S. Case No.20(11)11 dated 29.10.2011, under Sections 341/323/354/376(ii)(g), IPC was registered against the Appellant and two other persons and investigation taken up.

(3.) It was alleged in the FIR that on the eve of Dushera Festival on 28.10.2011 at about 7.45 p.m. when the complainant prosecutrix, her sister Prabina Tamang, P.W.2 and their brother Sushan Tamang, P.W.15, were returning home from Dewani Tar, West Sikkim, they were accosted on the way at Final Dara by the Appellants and wrongfully restrained by them. The prosecutrix was then forcefully dragged below the road, made naked and raped by them.