Sikkim High Court
Nima Sherpa @ Nani Ko Bau vs State Of Sikkim on 17 June, 2024
Author: Meenakshi Madan Rai
Bench: Meenakshi M. Rai, Bhaskar Raj Pradhan
THE HIGH COURT OF SIKKIM : GANGTOK
(Criminal Appeal Jurisdiction)
Dated : 17th June, 2024
-----------------------------------------------------------------------------------
DIVISION BENCH : THE HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
THE HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
-----------------------------------------------------------------------------------
Crl. A. No.07 of 2022
Appellant : Karan Chettri
versus
Respondent : State of Sikkim
Application under Section 374(2) of the
Code of Criminal Procedure, 1973
---------------------------------------------------------------------------
Appearance
Ms. Puja Lamichaney, Advocate (Legal Aid Counsel) for the
Appellant.
Mr. S. K. Chettri, Additional Public Prosecutor for the State-
Respondent.
---------------------------------------------------------------------------
and
Crl. A. No.08 of 2022
Appellant : Nima Sherpa @ Nani Ko Bau
versus
Respondent : State of Sikkim
Application under Section 374(2) of the
Code of Criminal Procedure, 1973
---------------------------------------------------------------------------
Appearance
Mr. S. S. Hamal, Senior Advocate (Legal Aid Counsel) with Mr. Tashi
Wongdi Bhutia, Advocate (Legal Aid Counsel) for the Appellant.
Mr. S. K. Chettri, Additional Public Prosecutor for the State-
Respondent.
---------------------------------------------------------------------------
ORDER ON SENTENCE
Meenakshi Madan Rai, J.
1. Heard Learned Counsel for the parties on Sentence.
2. Learned Counsel for the Convicts/Appellants verbally
submit that a lenient view be taken in the sentencing in view of the
fact that the Convicts are in their early twenties and that, only the
Crl.A. No.07 of 2022 : Karan Chettri vs. State of Sikkim 2
Crl.A. No.08 of 2022 : Nima Sherpa @ Nani Ko Bau vs. State of Sikkim
minimum sentence be imposed and not the one extending to life
imprisonment.
3. Learned Additional Public Prosecutor had no
submissions to advance except to state that this Court correctly
observed in its Judgment that the minimum imprisonment to be
imposed under Section 376D of the Indian Penal Code, 1860
(hereinafter, the "IPC"), is twenty years.
4. After hearing submissions of Learned Counsel for the
parties, in view of the mandate of law a sentence of rigorous
imprisonment of twenty years, each, is imposed on each of the
Convicts (i.e., Karan Chettri in Crl.A. No.07 of 2022 and Nima
Sherpa @ Nani Ko Bau in Crl.A. No.08 of 2022) under Section 376D
of the IPC, with a fine of ₹ 5,000/-(Rupees five thousand) only,
each. In default of payment of fine, each of the Convicts shall
undergo rigorous imprisonment for a further period of one month.
5. Appeal disposed of accordingly.
6. A copy of this Order be made over to each of the
convicts through the Jail Superintendent, Central Prison, Rongyek.
7. Copy of this Order be forwarded to the Learned Trial
Court for information along with its records.
8. Copy of this Order also be forwarded to the Jail
Authority at the Central Prison, Rongyek, for information and
necessary steps.
( Bhaskar Raj Pradhan ) ( Meenakshi Madan Rai )
Judge Judge
17-06-2024 17-06-2024
Approved for reporting : Yes
ds/sdl
