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HIGH COURT OF SIKKIM
Meenakshi Madan Rai, Bhaskar Raj Pradhan, JJ
Ganesh Dhakal – Appellant
Versus
State Of Sikkim – Respondent
| Table of Content |
|---|
| 1. factual background and prosecution case regarding abduction and rape. (Para 1 , 2 , 4) |
| 2. arguments concerning witness credibility and delayed fir reporting. (Para 5 , 6) |
| 3. evidentiary assessment of sexual assault and consistency of testimony. (Para 7 , 8) |
| 4. insufficient evidence for sentence enhancement and statutory interpretation of custody. (Para 9 , 10 , 11 , 12 , 13) |
| 5. final dismissal of appeals and instruction to trial court. (Para 14 , 15 , 16) |
JUDGMENT
Meenakshi Madan Rai, J.
1. Crl. A. No.14 of 2021 (Ganesh Dhakal vs. State of Sikkim and Crl. A. No. 27 of 2023 (State of Sikkim vs. Ganesh Dhakal) are being taken up together and disposed of by this common Judgment, as the facts involved are the same.
Crl. A. No.14 of 2021
2. The Appellant, a thirty year-old male, was convicted of the offences under Sections 342, 366 and 376(1) of the Indian Penal Code, 1860 (hereinafter, the “IPC”), by the Court of the Learned Judge, Fast Track, South and West Sikkim, at Gyalshing, in ST (Fast Track) Case No.03 of 2020 (State of Sikkim vs. Ganesh Dhakal), vide the impugned Judgment, dated 26-08-2021, for committing the said offences, against the victim PW-1, aged about eighteen
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