Sikkim High Court Affirms Conviction for Sexual Assault Leading to Suicide
In a significant ruling, the Sikkim High Court has upheld the conviction of a 42-year-old man, Chewang Sherpa, who was found guilty in 2023 of sexually assaulting a 16-year-old schoolgirl, ultimately driving her to take her own life. The judgment was delivered by a Division Bench comprising Chief Justice A. Muhamed Mustaque and Justice Bhaskar Raj Pradhan, emphasizing the prosecution’s success in establishing a conclusive chain of evidence against the accused.
Conclusive Evidence Against the Accused
The court noted that the prosecution presented irrefutable evidence, leaving no room for any reasonable hypothesis of the accused’s innocence. “The evidence led by the prosecution is of conclusive nature and all reasonable hypothesis of innocence is excluded. A solid, unbroken chain of evidence has been established which confirms that it was the appellant who was guilty of the acts for which he has been convicted which led the victim to commit suicide,” the Bench stated.
Concerns Over Rehabilitation and Mental Health
Moreover, the court expressed grave concerns about the effectiveness of the rehabilitation system in the State Central Prison at Rongyek. Sherpa had previously been convicted under Section 458 of the Indian Penal Code for lurking house-trespass, raising questions about the state’s rehabilitation measures. “We express our concern about the effectiveness of the rehabilitation scheme in the State Central Prison at Rongyek. He has gone and committed another crime again and more heinous than the previous one,” the Bench observed.
The court also highlighted the critical issue of children’s mental health, urging the state to implement structured plans to address the needs of children, particularly in traumatic situations. “We draw the attention of the State to the mental health conditions of our children both in the rural as well as in the urban areas. We implore it to take not only substantive measures but have a structured plan keeping in mind that the healthy mind of a child is paramount for the growth of our State and our Country at large,” the Bench emphasized.
The Tragic Incident
The case, dating back to August 20, 2021, involved the victim, a class XII student, who was assaulted during the COVID-19 lockdown. After submitting her exam papers at school, she accepted a ride from Sherpa, a village acquaintance. However, what began as a seemingly innocuous offer turned into a nightmare when Sherpa made unwanted sexual advances during a rainstorm, leading the girl to flee into the jungle. Sherpa pursued and assaulted her near a childcare center.
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Deeply traumatized, the young girl returned home, leaving behind a suicide note in her school notebook detailing the assault before ending her life. In 2023, Sherpa was convicted under various provisions of the Protection of Children from Sexual Offences Act (POCSO Act) and the Indian Penal Code (IPC).
High Court’s Verdict
Despite arguments from Sherpa’s counsel challenging the investigation and the authenticity of the suicide note, the High Court rejected these claims, affirming that the note served as a valid dying declaration under Section 32 of the Indian Evidence Act. “The acts of the appellant including the sexual assault upon the victim were found to be so despicable, humiliating, deplorable, and intolerable, that she felt a deep sense of defilement and was unable to face anyone, driving her to commit suicide,” the court remarked.
While the High Court upheld the trial court’s conviction, it modified the sentencing order. The accused had been sentenced under both the POCSO Act and Section 354A of the IPC (sexual harassment). However, the court noted that the harsher punishment under the POCSO Act should apply, thereby setting aside the separate three-year sentence for sexual harassment. “The impugned judgment of conviction is upheld but the order on sentence is accordingly modified. The sentences shall run concurrently,” the court ordered.
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Advocate Thupden Youngda represented the convict, while Additional Public Prosecutor SK Chettri and Assistant Public Prosecutor Sujan Sunwar appeared for the state.
