STATE OF SIKKIM Vs. ANU HANG SUBBA

JUDGEMENT

(1.) THIS Appeal filed by the State -Appellant under Section 378 of the Code Criminal Procedure, 1973, seeks to assail the judgment dated 29 -03 -2014 of the Judge, Fast Track Court, South and West Sikkim at Namchi, in F.T. (S.T.) Case No. 56 of 2013, against the order of acquittal of the Accused -Respondent, Anu Hang Subba, for the offences under Sections 341/376 of the Indian Penal Code, 1860 (for short "IPC").

(2.) THE genesis of this case is traced to an FIR lodged at the Soreng Police Station, West Sikkim, by one Man Raj Subba, P.W. 4, son of Late Nar Dhoj Subba, resident of Thongling, Dodok Block, West Sikkim, on 18 -06 -2013, stating that it was revealed by his mother, prosecutrix, P.W. 1, that she was raped by one Anu Hang Subba, Accused -Respondent, on 16 -06 -2013 at around 07.30 p.m. to 08.00 p.m. near their house when she was returning home from the house of his paternal uncle.

(3.) THE principal ground raised in the Appeal is the Trial Court having not accepted the evidence of the prosecutrix, P.W. 1 and the corroborative evidence of P.Ws. 5, 6, 17 and 18.