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Petitioner seek a direction to the respondent to recall of witness power to be invoked to meet the ends of justice for strong and valid reasons with cautions and circumspection, and the same issue was held in the judgement passed by a division bench judge HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE, THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE. In the matter Hem, Kumar Chettri versus  State of Sikkim [ Crl.A. No.06 of 2021] dealt with an issue mentioned above.

The Appellant, aged about 40 years, is alleged to have raped the victim, aged about 79 years, on 15.12.2019, at around 12 p.m. On 16.12.2019, at 1.30 p.m., the victim was medically examined and the Doctor found that she was bleeding from her genital. Charge-Sheet was submitted against the Appellant under Sections 376/457/506 of the Indian Penal Code, 1860 (for short, the “IPC”), on completion of investigation by P.W.11, the Investigating Officer of the case.

The Learned Counsel for the parties have been heard and all the relevant documents perused as also the impugned Judgment and Order on Sentence. As per the victim, she lives alone and that night when she retired to bed at around 00.30 hours after finishing her household chores she heard some sounds. She saw her neighbour, the Appellant, breaking into her room through the gap between the roof and the windows. He turned off the light, disrobed her forcefully and sexually assaulted her.

The court perused the facts and arguments presented, it was the opinion In light of the discussions which have emanated hereinabove, we do not find any mitigating circumstance to reduce the sentence imposed on the Appellant. We also find no reason to interfere with the findings of the Learned Trial Court. The impugned Judgment and Order on Sentence are upheld.

Click here to read the judgment

Judgment reviewed by Sakshi Mishra