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2019 Supreme(Sikk) 54

ARUP KUMAR GOSWAMI, BHASKAR RAJ PRADHAN
Mahindra Shanker (Bishwakarma) Son of Devi Lall Shankar – Appellant
Versus
State of Sikkim – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Gita Bista, Legal Aid Counsel.
For the Respondent: Mr. S.K Chettri, Assistant Public Prosecutor

JUDGMENT :

ARUP KUMAR GOSWAMI, J.

1. Heard Ms Gita Bista, learned Legal Aid Counsel and Mr. S.K. Chettri, learned Assistant Public Prosecutor, Sikkim.

2. This appeal is directed against the Judgment dated 11.07.2018 and the order on sentence dated 12.07.2018 passed by the learned Judge, Fast Track Court, East and North Sikkim at Gangtok in Sessions Trial (F.T.) Case No. 02 of 2017, whereby the appellant was convicted under Section 376(2) (j), 376 (2)(l) and 451 IPC and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.3,000/- under Section 376(2)(j) IPC, in default, to undergo simple imprisonment for a period of three months; to undergo rigorous imprisonment for a period of ten years and to pay a fine to Rs.3,000/- under Section 376(2)(l) IPC, in default, to undergo simple imprisonment for a period of three months; and to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1,000/- under Section 451 IPC, in default, to undergo simple imprisonment for a period of one month. All the sentences are to run concurrently.

3. The First Information Report (for short, “FIR”) (Exhibit-1) was lodged by one "A" (name withheld),

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