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HIGH COURT OF SIKKIM
Meenakshi Madan Rai, Bhaskar Raj Pradhan, JJ
Dhiran Chettri – Appellant
Versus
State Of Sikkim – Respondent
| Table of Content |
|---|
| 1. summary of prosecution case and initial charges. (Para 1) |
| 2. summary of rival contentions and preliminary evaluation criteria. (Para 2 , 3 , 4) |
| 3. analysis of questions framed by the trial court and its specific findings. (Para 5 , 6) |
| 4. legal principles regarding the testimony of a prosecutrix and identification of contradictions in testimony. (Para 7 , 8) |
| 5. assessment of evidence regarding the age of the victim and consent of the act. (Para 9) |
| 6. final acquittal and directions of the court. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
JUDGMENT
Meenakshi Madan Rai, J.
1. The Prosecution case commenced with the lodging of the FIR (Exbt P-1/PW-1) by PW-1, the uncle of the victim, alleging that on 07-02-2022, PW-2, his niece, the victim had gone for tuition. She called him up that evening from her friend’s mobile to inform him that she would sleep over at her friend’s house and return the next morning. When she failed to return the next morning, he set out to look for her. She was traced at 02.00 p.m., on 08-02-2022, near the town butchers shop. On enquiry from her, she reported that the Appellant had taken her to an abandoned building and raped her there.
(i) Charge-shee
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