STATE OF SIKKIM Vs. ROSHAN KUMAR CHETTRI

JUDGEMENT

(1.) THIS Appeal, arises out of the Judgment and Order of the Learned Fast Track Court (South & West) Sikkim at Gyalshing dated 20.05.2014, in Sessions Trial (Fast Track) Case No. 3 of 2014, acquitting the Respondent of the offences under Section 376/511 and Section 447 of the Indian Penal Code, 1860 (hereinafter "IPC").

(2.) THE brief facts of the Prosecution Case is that the Victim, PW -3 lodged a Complaint at the Soreng Police Station (West Sikkim) on 20.09.2013 to the effect that the Respondent on 19.09.2013 at 2100 hours, threatened her on her Cell Phone, by calling her from the Cell Phone of one Ganga Ram Pradhan, PW -7. She went out of her house, to check, upon which the naked Respondent dragged her forcibly towards the field where he restrained and molested her. Thereafter, he abused and threatened her with dire consequences, if she made any complaints to the police.

(3.) THE next morning i.e. 20.09.2013, she told her Father -in -Law and her sister about the incident, pursuant to which her Father -in -Law arrived from Gangtok and the matter was placed before the Panchayat members for an amicable settlement. At the said meeting, the Panchayat President PW -1, Panchayat Secretary PW -2 and Bhoj Kumar Pradhan PW -6, along with other members of the Public, the Victim, the Respondent and their guardians were present. A discussion ensued to settle the matter but on the Victim calling up her husband telephonically, he advised her not to compromise and hence the matter was reported to the police. It was further revealed that the Mobile Phone call details of PW -7 indicated that the Victim was contacted several times by the Respondent after 2105 hours, prior to the incident through the Mobile Phone of PW -7. That, the SIM Card bearing No. 9775962423 was registered in the name of one Laxuman Subba of Buriakhop Busty, Soreng which PW -7 had been using for the last 5(five) years. On the basis of the investigation, Charge Sheet was filed against the above Respondent under the above provisions of the IPC.