Durga Singh Kami vs State Of Sikkim
2023 Latest Caselaw 50 Sikkim

           THE HIGH COURT OF SIKKIM : GANGTOK
                             (Criminal Appellate Jurisdiction)
                                  Dated : 26th July, 2023
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  DIVISION BENCH : THE HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
                   THE HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
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                                       Crl.A. No.14 of 2023
              Appellant                :       Durga Singh Kami

                                                     versus

              Respondent               :        State of Sikkim

                      Appeal under Section 374(2) of the
                       Code of Criminal Procedure, 1973
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       Appearance
            Mr. J. B. Pradhan, Senior Advocate (Legal Aid Counsel) with Mr.
            D. K. Siwakoti, Advocate (Legal Aid Counsel) for the Appellant.
            Mr. S. K. Chettri, Additional Public Prosecutor with Ms. Pema
            Bhutia, Assistant Public Prosecutor for the State-Respondent.
      --------------------------------------------------------------------------------------
                                  ORDER (ORAL)

Meenakshi Madan Rai, J.

1. Heard Learned Senior Counsel for the Appellant.

2. Issue Notice to the State-Respondent.

3. Mr. S. K. Chettri, Learned Additional Public Prosecutor

is present for the State-Respondent on advance Notice and waives

formal Notice.

4. We have been taken through the impugned Judgment

dated 18-05-2023, in Sessions Trial (POCSO) Case No.13 of 2022

(State of Sikkim vs. Durga Singh Kami) and the Order on Sentence

dated 18-05-2022 (sic), of the Learned Special Judge (POCSO),

West Sikkim, at Gyalshing, by Learned Senior Counsel for the

Appellant. We find that the Learned Trial Court has taken into and

given due and correct consideration to the evidence of the

Prosecution Witnesses i.e., the victims (P.W.1 and P.W.3) and the

Durga Singh Kami vs. State of Sikkim

mother of the victims (P.W.2) as also that of the School Head

Mistress (P.W.9) and the Panchayat President (P.W.12).

5. We find that the evidence furnished is cogent and

convincing and that the act of the Appellant against the victims,

have been proved beyond reasonable doubt by the Prosecution

evidence.

6. In such circumstances, we are of the considered

opinion that the impugned Judgment and Order on Sentence

warrants no interference.

7. Consequently, the Appeal stands dismissed and

disposed of accordingly.

                 ( Bhaskar Raj Pradhan )                    ( Meenakshi Madan Rai )
                         Judge                                       Judge
                         26-07-2023                                          26-07-2023




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