STATE OF SIKKIM Vs. PEM DORJEE SHERPA

JUDGEMENT

(1.) This is an appeal filed by the State under Section 378(1)(b) of the Code of Criminal Procedure, 1973 (in short "Cr.P.C."), against the order of acquittal of the Respondent-Accused from the offence charged against him under Section 376 of the Indian Penal Code 1860 (in short "IPC"), passed by the Learned Judge, Fast Track Court, by Judgment dated 30.05.2014 in Sessions Trial (FT) Case No. 02 of 2014.

(2.) Briefly stated, the case of the prosecution was that on a complaint received from one Mr. Kumar Gurung, P.W.1, of Lower Tinkitam, Block, South Sikkim, on 17-09-2013, case under Section 376 IPC was registered by the Ravangla Police Station against the Respondent-Accused for having committed rape of Maina Gurung, the wife of the complainant.

(3.) After investigation, charge-sheet was submitted against the Respondent-Accused by the Police for trial under Sections 376/511 IPC. Eventually the Learned Judge, Fast Track Court, acquitted the Appellant of the offence having found that the prosecution had failed to prove its case beyond reasonable doubt.