THE STATE OF SIKKIM Vs. BHAKTA BAHADUR GURUNG

JUDGEMENT

(1.) THE Respondent/Accused was sent up for trial on a charge under Section 376 Indian Penal Code (for short "IPC") for having committed rape on one Ms Sarita Tamang, a deaf and dumb women. Shorn of details, it is sufficient to state for the purpose of this appeal that on the basis of a written complaint filed by Mrs. Tshering Maya Tamang, P.W.1, mother of the victim, on 05.02.2011 at the Soreng Police Station, West Sikkim, case under Section 376 IPC was registered against the Respondent/Accused, Bhakta Bahadur Gurung, being Soreng P.S. Case No. 02(02)11 dated 05.02.2011, and investigation taken up by the Investigating Officer (in short the "I.O".).

(2.) INVESTIGATION of the case revealed that on 21.01.2011 at about 1500 hours, the Respondent/Accused had committed sexual intercourse with deaf and dumb Ms. Sarita Tamang when she was grazing her goats at the irrigational channel above the Jorethang -Sombaria road at Cheuribotey, Mangsari, West Sikkim.

(3.) IT is against this that the present appeal has been preferred by the State/Appellant under Section 376 IPC and under Sub -section (3) of Section 378 of the Code of the Criminal Procedure, 1973 (for short "Cr.P.C."). Having granted leave, the appeal was taken on board and heard finally on 24.03.2015.