PASSANG LEPCHA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Appellant in this Appeal seeks to assail the judgment dated 30-04-2013 passed by the Learned Judge, Fast Track Court, East Sikkim at Gangtok in Sessions Trial Case No.10 of 2013 by which he was convicted and sentenced for offence under Sections 376/511 and 342 of the Indian Penal Code, 1860 (in short the 'IPC').

(2.) The gravamen of the prosecution case is that on 09-01-2011 at about 19.45 hours a telephonic information was received from a plain clothes staff of Namchi Police Station stating that a scream of a girl was heard by a passerby at the Rock Garden, Namchi, South Sikkim. On being reported of this, S.I. Sameer Pradhan, P.W.3 and other staff were deputed to the spot by the O/C, Namchi P.S., P.W.1 who later brought a minor girl, Mingma Laki Sherpa, the victim, and the Appellant/Accused Passang Lepcha along with vehicle bearing No.SK-04/9150 to the Police Station and reported that the girl was found half naked in the vehicle and that the Appellant was a driver of that vehicle who tried to drive away when approached by the police vehicle in which they were travelling.

(3.) Case under Sections 376/511 IPC was registered against the said Passang Lepcha which was endorsed to P.W.8, S.I. Renuka Chettri, for investigation.