DAL BAHADUR DARJEE Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The prosecution case was of rape committed by the Appellant on the victim-a 55 year old deaf and dumb lady suffering from paralysis. Two separate charges under Section 376 (2) (j) and (l) of the Indian Penal Code, 1860 (IPC) were framed by the learned Judge, Fast Track Court (learned Judge).

(2.) The victim was not examined although the records reveal that a commission was ordered by the learned Judge. The prosecution therefore, banks on the evidence of P.W.6-the daughter-in-law of the victim who is said to be the sole eye witness and the "Bara" (P.W.4), a witness who reached the place of occurrence immediately after the alleged act.

(3.) The learned Judge vide judgment of conviction dated 27.02.2019 has convicted the Appellant under Section 376(2)(j) and 376(2)(l) of the Indian Penal Code, 1860 (IPC). He has therefore, sentenced the Appellant to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.5000/- for each of the said offences separately. The period of sentence has been directed to run concurrently.