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2023 Supreme(Sikk) 16

THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Bhim Bahadur Basnett – Appellant
Versus
State of Sikkim – Respondent


Advocates Appeared:
For the Appellant :Mr. Jorgay Namka, Senior Advocate (Legal Aid Counsel).
For the Respondents: Mr. Yadev Sharma, Additional Public Prosecutor with Mr. Sujan Sunwar and Mr. Shakil Raj Karki, Assistant Public Prosecutor.

Table of Content
1. victim's disability and allegations (Para 1 , 2)
2. arguments regarding evidence credibility (Para 3 , 4)
3. court's analysis of witness credibility (Para 5 , 6)
4. findings on offences and proof standards (Para 7 , 8)
5. verdict and acquittal (Para 9)

JUDGMENT :

Meenakshi Madan Rai, J.

1. The Prosecutrix/victim, P.W.2, in the instant matter, is a differently abled person being hearing and speech impaired. The Complaint, Exhibit 2, came to be lodged by P.W.3, the nephew of the victim, in whose house the offence allegedly took place on 21- 09-2020, of which the victim informed him and his wife, P.W.1. The Court of the Learned Judge (Fast Track), South & West, at Gyalshing, on careful analysis of the oral and documentary evidence adduced by the Prosecution and on appreciation of all facts and circumstances of the case was convinced that the Appellant had raped and sexually assaulted the disabled victim on the night of 21-09-2020, in the house of P.W.3. The Appellant was convicted for having raped a woman with physical disability, punishable under Section 376(2)(1) of the INDIAN PENAL CODE , 1860 (hereinafter, "IPC"), in S.T. (Fast Track) Case No.01 of 2021 ( State of Sik

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