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2020 Supreme(Sikk) 93

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


Advocates Appeared:
For the Appellant :Sudesh Joshi, Advocate as Legal Aid Counsel
For the Respondents: Hissey Gyaltsen and 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-7), PW-6 [mother of the minor victim (PW-5)], PW-1, PW-9, PW-10 and PW-14 (collectively referred to as the first informants) mothers to five schoolgirls aged between 7 to 11 years. The FIR (Exhibit-1) alleged that PW-14, mother of "O", 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 the other schoolgirls were being sexually assaulted by their teacher, the present appellant. The FIR (Exhibit-1) further alleged that the schoolgirls informed the first informants that the

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