KIRAN KARKI @ CHETTRI UNCLE Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The criminal investigation was set in motion when PW-1, ASHA member, lodged the First Information Report (for short ,,the FIR) (Exhibit-1) at the Mangan Police Station on 20.09.2016 alleging that the victim (PW-3) who was a 16 year old child, had been "reportedly raped" by one Deepak Subba @ Dupli Gogo (for short ,,Deepak Subba) "since 3 (three) to 4 months ago" and she was found pregnant. In the said FIR (Exhibit-1), the victim was referred to as an abnormal child.

(2.) On 01.08.2017, a charge-sheet was filed against Deepak Subba and the appellant. It was alleged that investigation revealed that the appellant, in fact, was the first one to rape the victim.

(3.) On 21.02.2018, eleven charges were framed against the appellant under section 5(l), 5(k) of the Protection of Children from Sexual Offences Act, 2012 (for short ,,POCSO Act) (for three occasions), sections 376(2)(n) and 376(2)(l) of the Indian Penal Code, 1860 (for short ,,the IPC) (for three occasions), 376(2)(j) IPC (for three occasions), section 5(j)(ii) of the POCSO Act and section 354B IPC.