JUDGMENT :

Bhaskar Raj Pradhan, J.

1. On 10.01.2018, the victim (PW-1) lodged the First Information Report (FIR) (Exhibit-3) at Sadar Police Station, Gangtok, alleging that she was raped by the appellant on 17.08.2013, due to which she became pregnant and had to abort the baby on his advice. It was alleged that, thereafter, the appellant assured the victim that he would marry her. She further alleged that the appellant had taken her to his house after a month of the miscarriage in the pretext of changing his clothes and raped her again.

2. In Sessions Trial (F.T.) Case No. 15 of 2018 (State of Sikkim vs. Makraj Limboo, (2002) 10 SCC 743), the learned Judge, Fast Track Court, East and North Sikkim at Gangtok (the learned Judge), on 30.07.2019, convicted the appellant and sentenced him on 31.07.2019 under section 376(1) of the Indian Penal Code, 1860 (IPC) to undergo seven years rigorous imprisonment and a fine of Rs.50,000/-. It was held that the case of repeatedly committing rape on the same woman under section 376(2)(n) IPC had not been made out. The learned Judge concluded that the appellant having committed rape upon the victim could not be ruled out. The learned Judge also held th