GANGTOK, India, June 25 -- Sikkim High Court issued the following judgment/order on June 19:
1. The questions that fall for determination before this Court are, (i) whether the Appellant perpetrated sexual assault on the victim; (ii) whether such act could be described as a sexual assault; or (iii) whether it was consensual.
2. On 07-02-2022, Exbt 1, the FIR, was lodged by PW-1, the sister-in-law of the victim PW-2, informing the jurisdictional Police Station that, the Appellant had raped the victim on the same day, at about 01.22 p.m. She witnessed the incident while returning after completing an errand. On the basis of the FIR, the concerned PS registered the case against the Appellant, under Section 376 of the Indian Penal Code, 1860 (...