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2020 Supreme(Sikk) 91

MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Kendrap Lepcha, Son of Karma Dorjee Lepcha – Appellant
Versus
State of Sikkim – Respondent


Advocates Appeared:
For The Appellant :Mr. Ajay Rathi, Advocate.
For The Respondent: Mr. Hissey Gyaltsen and Ms Mukun Dolma Tamang, Assistant Public Prosecutors.

JUDGMENT :

Bhaskar Raj Pradhan, J.

1. The appellant, a teacher in a Primary School, was tried, convicted and sentenced to imprisonment for the offences of rape, aggravated penetrative sexual assault, aggravated sexual assault and for assault on the minor victim (PW-5), a schoolgirl, with intent to outrage her modesty. Both the judgment of conviction and the order on sentence dated 31.05.2018, have been challenged in the present appeal.

2. The First Information Report (for short ‘the FIR’) (Exhibit-1) was lodged on 11.12.2016, by a member of the village Panchayat (PW-6), PW-1 [mother of the minor victim (PW-5)], PW-7, PW-9, PW-10 and PW-14 (collectively referred to as first informants) mothers to the five schoolgirls aged between 7 to 11 years. The FIR (Exhibit-1) alleged that PW-14, mother of “O” (one of the five schoolgirls) was bathing her when she noticed redness on her breasts a few days ago. She therefore asked “O” about it, but she refused to open up. After a while, “O” narrated the incident and informed PW-14 that she and her other schoolgirls were being sexually assaulted by their teacher, the present appellant. The first informants alleged that the schoolgirls informed the fi

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