The Sikkim High Court has dismissed a criminal appeal filed by Rinzing Sherpa, affirming his conviction in a case involving sexual assault of a differently-abled woman. The Division Bench Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan delivered its judgment after closely examining medical, forensic, and eyewitness evidence.
Background of the Case
The case arose from an FIR lodged on September 2, 2022, after the victim’s niece reported witnessing the incident. The victim, a 25-year-old woman with multiple disabilities including cerebral palsy and intellectual impairment, was found to be about 70% disabled as per medical records.
Following investigation, the accused was charged under Section 376(2)(l) of the Indian Penal Code. A trial court had earlier convicted him and awarded a 10-year sentence, prompting the present appeal before the High Court.
The defence argued that the victim had not explicitly named the accused and pointed to alleged inconsistencies in witness statements. It was also contended that medical evidence did not conclusively establish the identity of the perpetrator.
On the other hand, the prosecution relied on eyewitness testimony, medical findings, and forensic reports. It emphasized that the victim’s condition required her statements to be understood in context, rather than strictly by conventional standards.
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The Bench noted that testimony of a person with disability cannot be treated as weak merely due to communication limitations.
“The inability of a differently-abled victim to clearly name the accused should not overshadow the substance of her testimony,” the court observed.
The judges highlighted that the victim consistently indicated sexual abuse, and her account was supported by her niece’s testimony. Medical examination revealed injuries consistent with sexual assault, while forensic evidence confirmed the presence of human blood in samples collected.
The court also found that the accused’s presence at the scene was firmly established through multiple witnesses and surrounding circumstances.
After reviewing the evidence, the High Court upheld the conviction under Section 376(2)(l) IPC. It confirmed the sentence of 10 years’ rigorous imprisonment along with a fine of ₹25,000.
The court also endorsed the recommendation for ₹4 lakh compensation to the victim under the Sikkim Victim Compensation Scheme.
“The prosecution evidence overwhelmingly confirms the presence of the appellant and the commission of the offence,” the Bench concluded while dismissing the appeal.
Case Details
Case Title: Rinzing Sherpa vs State of Sikkim
Case Number: CRL. A. No. 9 of 2024
Judge: Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan
Decision Date: 29 April 2026
