State Of Sikkim vs Rupesh Manger (Thapa)

Meenakshi Madan 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 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 25th to 27th 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.