Sikkim High Court
Crl. A./8/2020 of State of Sikkim Vs Rupesh Manger (Thapa) on 5 September 2022
Court No.2 High Court of Sikkim Record of proceedings Page | 1 Crl.A. No.08 of 2020 State of Sikkim Appellant VERSUS Rupesh Manger (Thapa) Respondent Date : 05-09-2022 CORAM : THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE For
Virtual Court No.2
State of Sikkim
Crl.A. No.08 of 2020
Appellant
VERSUS
Rupesh Manger (Thapa)
Respondent
Date : 05-09-2022
CORAM : THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
For Appellant Dr. (Mrs.) Doma T. Bhutia, Public Prosecutor.
Mr. S. K. Chettri, Additional Public Prosecutor.
For Respondent
Mr. N. Rai, Senior Advocate (Legal Aid Counsel).
Mr. Sushant Subba, Advocate (Legal Aid Counsel).
Respondent/Convict in person.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
O R D E R
Rai, J.
Respondent/Convict Rupesh Manger (Thapa) present in person before this Court.
Heard Learned Counsel for the parties on sentence.
Learned Public Prosecutor submits that the sentence of life imprisonment be imposed on the convict.
Learned Senior Counsel does not have any differences with the submissions of Learned Public Prosecutor as according to him the case is not one which is “rarest of the rare”.
Considered.
In consideration of the facts and circumstances of the case, the convict is sentenced to undergo simple imprisonment for life under Section 302 of the Indian Penal Code, 1860, and to pay a fine of Rs.5,000/- (Rupees five thousand) only, in default of payment of fine to undergo further simple imprisonment for two months.
Let the convict be taken into custody immediately.
Registry to take necessary steps.
It is pertinent to point out that in Paragraph 4 of Page 4 of the Judgment dated 24-08-2022, passed by this Court, in the Page | 1
Virtual Court No.2
instant matter, typographical errors have been detected. The Learned Counsel are informed of the fact and, in their presence, the following corrections are effected to the final Judgment; In the 25[th] to 27[th] lines of Paragraph 4, at page 4 of the Judgment, the sentence “That, the Learned Senior Counsel only after raised the bogey of mental illness the Respondent was incarcerated for about six months.”
be read as
“That, the Learned Senior Counsel raised the bogey of mental illness only after the Respondent was ”incarcerated for about six months..
Necessary corrections be carried out and the corrected sentence be inserted in the Judgment.
Criminal Appeal stands disposed of accordingly.
ds/bp/sdl
Judge Judge
05-09-2022 05-09-2022
Page | 2