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2020 Supreme(Sikk) 34

BHASKAR RAJ PRADHAN
Sashi Shekhar Thakur, Son of Shri Arun Kumar Thakur – Appellant
Versus
State of Sikkim – Respondent


Advocates Appeared:
For the Revisionist :Mr. N. Rai, Sr. Advocate with Ms Sushmita Gurung, Advocate
For the Respondent: Mr. Sudesh Joshi, Public Prosecutor with Mr. Sujan Sunwar and Mr. Hissey Gyaltsen, Assistant Public Prosecutors

JUDGMENT :

Bhaskar Raj Pradhan, J.

1. On 08.09.2017, the victim lodged a First Information Report (FIR) before the police station alleging that the branch manager of Syndicate Bank (the bank) had, while taking her interview on 06.09.2017, talked to her inappropriately by asking her to wear her dress that showed her breasts and had also touched her body. The investigation conducted by Joshna Gurung (PW-7), the Investigating Officer of the case, culminated in filing of a charge-sheet having found prima facie case under section 509 of the Indian Penal Code, 1860 (IPC). On 22.02.2018, a charge under section 354-A IPC was framed against the revisionist. The revisionist pleaded not guilty. During the trial, seven witnesses were examined by the prosecution and one by the defence. The revisionist was examined under section 313 of the Code of Criminal Procedure, 1973 (Cr.P.C.) in which he admitted that the victim had come for the interview and that he had asked her to change her clothes as the clothes were dirty and tight fitting. He also admitted that he had touched her backbone just to show her the right posture to stand and did not touch her on any other part of her body. He denied that

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