- (1.)This Revision Petition is directed against the Order dated 20.08.2011 passed in Sessions Trial Case No.5 of 2011 by the Learned Sessions Judge, East and North Sikkim at Gangtok, by which the accused persons were discharged from the offence under Section 376 of the Indian Penal Code (for short IPC ).
(2.)The Revision has been filed primarily on the ground that the impugned order is unsustainable and deserves to be set aside as being grossly perverse on the face of the evidence and the documents filed with the report under Section 173 Cr.P.C. that show that the Respondents/Accused persons were prima facie guilty of the offence under Section 376 IPC.
(3.)I have gone through the impugned order and carefully considered the findings contained therein and I am of the view that it cannot sustain, as it is clearly in conflict and perverse to the material on record. The learned Trial Court appears to have completely overlooked the medical report which indicates that the age of the victim is 14 years and suggested recent penetration of the vagina. The learned Trial Court appears to have assumed, from the various facts and the circumstances appearing in the statements of the victim recorded under Section 161 Cr.P.C. that no offence was made out against the respondent no.2 as the intercourse was consensual. As already observed, the findings in the impugned order appear to be clearly perverse and unsustainable in law.