STATE OF SIKKIM Vs. PURAN SUBBA

JUDGEMENT

(1.) Learned Special Judge (POCSO Act, 2012), East Sikkim at Gangtok, has sent a letter bearing reference no. 215/D&SC(E) dated 18.06.2019, to the Registrar General, High Court of Sikkim, along with a copy of Order passed by him on 15.06.2019 in S.T. (POCSO) Case No.02 of 2017 : State of Sikkim vs. Puran Subba, expressing therein that his father Shri N.B. Khatiwada, learned Senior Advocate, had appeared in the matter for the accused on two consecutive dates, however, inadvertently the same was not noted by him while forwarding the matter earlier to the High Court for transfer of this case.

(2.) I have perused and considered the order passed by the learned Special Judge.

(3.) Considering the fact that the father of the learned Special Judge appeared in the matter, I am of the view that he cannot hear the matter and the reason given by him for transfer of the case appears to be correct.