GOVIND TAMANG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 19th november, 2007, passed by the learned Sessions Judge (E and N) at garigtok in S. T. Case No. 16 of 2007.

(2.) THE relevant facts which led to the filing of this revision petition are that the accused petitioner herein was put on a trial on the basis of a charge-sheet filed against him under Sections 376/511 of the Indian penal Code (in short 'ipc' ). The allegations against the accused petitioner as contained in FIR dated 22nd June, 2007, filed by one tshering Doma Bhutia, a Panchayat Member of the Upper Samdong, East Sikkim was to the effect that the accused/petitioner, govind Tamang alias Pempa Tamang had sexually abused/assaulted his minor daughter/child Asma Tamang aged 2 years at his house while his wife Pushpa Tamang was away from home in the evening of 19th june, 2007.

(3.) THE matter came up for consideration of charge before the learned Sessions Judge on 19th November, 2007. After hearing the parties and on perusal of the records, the learned trial Court came to be of the view that the materials on record made out a prima facie case under Section 376 read with Section 511 IPC against the accused/ petitioner and accordingly directed vide order dated 19th November, 2007 that charge against the accused/petitioner be framed under the said sections of law and posted the case for framing of charge. It is against this order passed by the learned Sessions judge that the accused petitioner has come up with the present revision petition.