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MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Karan Chettri – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Meenakshi Madan Rai, J. - Crl. A. No.07 of 2022 (Karan Chettri vs. State of Sikkim) and Crl. A. No.08 of 2022 (Nima Sherpa @ Nani Ko Bau vs. State of Sikkim) are being taken up together and disposed of by this common Judgment, the cases having arisen out of a common FIR, Exhibit 1.
2. The Appellant, Karan Chettri in Crl. A. No.07 of 2022 and the Appellant, Nima Sherpa in Crl. A. No.08 of 2022, shall hereinafter be referred to as 'A2' and 'A1' respectively.
3. The discontentment of the Appellants with the impugned Judgment of the Court of the Learned Judge, Fast Track, South and West Sikkim, at Gyalshing, dated 19-03-2022, in ST (Fast Track) Case No.02 of 2021, whereby they were convicted of the offences under Sections 450, 376D and 376(2)(l) read with Section 34 of the Indian Penal Code, 1860 (hereinafter, 'IPC') and the consequent Order on Sentence, dated 26-03-2022, has led to the instant Appeals.
4. It is imperative to briefly walk through the Prosecution case before considering the merits of the Appeals.
(i) On 13-01-2021, Exhibit 1 was lodged before the Yangang Police Station by PW-1, the Complainant, alleging that on 10-01-2021, a Sunday, at around midnight, when only his
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