Sikkim High Court: The Division Bench of Jitendra Kumar Maheshwari, CJ. and Meenakshi Madan Rai, J., dismissed a criminal leave petition which was filed against the Judgment dated 30-10-2018, passed by the Fast Track Court, East and North Sikkim at Gangtok in Sessions Trial (FT) Case No. 01 of 2017 acquitting the accused from the charge under Section 376 (2) (j) and (l) of the Penal Code, 1860.
The Court noted that it was true that the prosecutrix was a deaf and dumb woman, aged about 50 years, and she had stated about commission of rape with her by the accused. But, as discussed by the Trial Court it was clear that she was unable to answer any of the questions as put forth to her. The Court decided that her sole testimony was not safe to rely and to convict the accused.
The Court recorded that her evidence cannot be taken as an evidence of an eye witness; more so, it was observed that there was no allegation in the testimony regarding the penetrative sexual assault.
The Court also saw the medical and scientific evidence that too were not supporting the case of prosecution proving the guilt and to prove the charge on the accused.
The Court dismissing the appeal held that they were satisfied by the findings of the Trial Court.[State of Sikkim v. Dipen Subba, CRL. L.P. No. 11 of 2019, decided on 25-08-2021]
Suchita Shukla, Editorial Assistant has reported this brief.
For Petitioner : Mr Sudesh Joshi and Mr Thinlay Dorjee Bhutia
For Respondent : Mr B.K. Gupta (Legal Aid Counsel) and Mr Dipen Subba