SANGAY BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short, "Cr. P.C.") is directed against the judgment and order dated 30.05.2018 passed by the Court of the Fast Track Judge, South & West Sikkim at Gyalshing in Sessions Trial (F.T.) Case No. 04 of 2017 (State of Sikkim vs. Sangay Bhutia), whereby the said Court convicted the accused/ appellant Sangay Bhutia under Sections 376(1), 323, and 341 of the India Penal Code, 1860 (for short, "IPC"). The accused/ appellant Sangay Bhutia has been sentenced to rigorous imprisonment for a period of 10 (ten) years and imposed a fine of Rs.50,000/- (Rupees Fifty Thousand) under Section 376 (1) IPC, simple imprisonment of 1 (one) year under Section 323 IPC and simple imprisonment of 1 (one) month under Section 341 IPC. It is also directed that if the fine is not deposited, the accused/ appellant shall undergo further simple imprisonment of 1 (one) year. It is also directed that all the sentences awarded to him shall run concurrently and the period of detention/imprisonment already undergone by the accused/ appellant be set off against the period of imprisonment imposed upon him.

(2.) Heard learned counsel for the parties. Perused the lower court records and documents annexed thereto.

(3.) The prosecution story, in short, is that on 29.09.2016 one report was lodged in the Gyalshing Police Station by one Dhan Raj Subba, husband of the victim stating therein that on 29.09.2016, while his wife was returning to her house from her duty at Rabdentse, Archeological Department via short-cut-route, upon reaching near Maney one person called Sangay Bhutia suddenly appeared from back and grabbed her from behind and when the victim tried to shout for help the accused pressed her mouth and neck and started assaulting her on head. Following which she became unconscious and when she regained consciousness she found that the accused already ran away from the spot. Thereafter, the victim went to her house and told the same to her husband (complainant).