RAM BIJAY SINGH Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Present appeal is filed under Section 374(2) of the Code of Criminal Procedure, 1973 (for short CrPC) against the judgment and order dated 29.06.2018 passed by the learned Fast Track Judge, South and West Sikkim at Gyalshing in Sessions Trial (F.T.) Case No.05 of 2017 (State of Sikkim versus Ram Bijay Singh) whereby the learned Judge convicted the accused Ram Bijay Singh (hereinafter the appellant) to undergo rigorous imprisonment of one year and to pay a fine of Rs. 6,000/- and a further imprisonment of one month in default of payment of fine, under Section 354 of Indian Penal Code, 1860 (hereinafter IPC) and also to undergo imprisonment of one year and to pay a fine of Rs.4,000/- and in default of payment of fine to further undergo imprisonment of 15 days, under Section 354- A of the IPC. The Court directed that both the sentences will run concurrently and the period of detention already undergone by the appellant during the period of investigation and trial shall be set off against the sentence of imprisonment.

(2.) The case of the prosecution is that on 25.08.2017 a First Information Report (FIR) was lodged by one Phama Rook Limboo before Khechuperi Police Outpost under Gyalshing Police Station stating that on the previous day i.e. 24.08.2017 at around 08.00 pm the appellant attempted to rape his elder brother's daughter. The FIR was registered under Section 354 (A), 376, 511 of IPC. The victim girl was sent for medical examination.

(3.) The statement of victim was recorded under Section 164 CrPC by Judicial Magistrate, Soreng Sub Division, West Sikkim. The Investigating Officer after investigating the matter filed the charge sheet under Section 354, 376, 511 of IPC. The Judicial Magistrate committed the case to the Court of learned Judge, Fast Track (S & W) West Sikkim at Gyalshing. The learned Judge framed the charge with one head under Section 376/511 IPC where he pleaded not guilty and claimed to be tried.