MAHINDRA SHANKER Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard Ms Gita Bista, learned Legal Aid Counsel and Mr. S.K. Chettri, learned Assistant Public Prosecutor, Sikkim.

(2.) This appeal is directed against the Judgment dated 11.07.2018 and the order on sentence dated 12.07.2018 passed by the learned Judge, Fast Track Court, East and North Sikkim at Gangtok in Sessions Trial (F.T.) Case No. 02 of 2017, whereby the appellant was convicted under Section 376(2) (j), 376 (2)(l) and 451 IPC and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.3,000/- under Section 376(2)(j) IPC, in default, to undergo simple imprisonment for a period of three months; to undergo rigorous imprisonment for a period of ten years and to pay a fine to Rs.3,000/- under Section 376(2)(l) IPC, in default, to undergo simple imprisonment for a period of three months; and to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1,000/- under Section 451 IPC, in default, to undergo simple imprisonment for a period of one month. All the sentences are to run concurrently.

(3.) The First Information Report (for short, "FIR") (Exhibit- 1) was lodged by one ,,A (name withheld), a Member of Ward Panchayat, before the Pakyong Police Station on 20.08.2016 at 03.30 p.m. stating that she had received a telephone call at around 10 a.m. from one ,,X (name withheld), informing her that at around 7 p.m. of the previous night, rape was committed by the appellant upon ,,Y (name withheld), hereinafter referred to as the victim, at her residence.