Kathmandu: The Patan High Court has released the full text of the verdict in the rape case against cricketer Sandeep Lamichhane and ruled that the accused will be acquitted if there is no basis and evidence.
In the full text of the decision made by the joint bench of Judge Sudarshandev Bhatt and Anju Upreti Dhakal on June 2, it is mentioned that the acquittal was due to lack of evidence and grounds.
The full text of the judgment states, “In terms of grounds and reasons, the denial statement made by the defendant Sandeep Lamichhane during the investigation and in the court, the message sent by the changed name Gaushala 26, his physical examination report, his physical condition, the scene of the incident, the incident report of the hotel Kathmandu Inn Hotel” Security card Rajan Rana’s statement as well as the circumstantial evidence related to the missile did not confirm that the appellant-defendant committed the offense as per the indictment.
In the verdict, it is mentioned that the victim did not resist, shouted, screamed, asked for any help from the third person for self-defense.
Likewise, the bench is of the opinion that the facts of the case presented approve the principle propounded by the Supreme Court that the consensual rape is not considered as rape, unlike Article 1 of forced rape between adults.
The full text of the verdict says, “The fact that the victim asked the defendant for financial protection, the defendant said he would help as much as he could, but the defendant went to Kenya without any help, it is not even possible to deny the fact that he may have filed such a heinous crime against the defendant in a fit of anger.”
It is mentioned in the judgment that even though the victim said that the defendant forced her, the time of the incident has been completed for 18 years.
The court found that the prosecution claim was not confirmed beyond doubt from the evidence including the script of the CCTV footage attached to the missile, the incident between the victim and the defendant went to Nagarkot in the defendant’s car from near the hostel, and the defendant took the victim to his hostel the next day after staying at the Kathmandu Hotel Inn during the night. Not seen.
It is said in the judgment, “The judgment of the Kathmandu District Court that the defendant was considered a child victim and forced to commit forced labor does not appear to be consistent to that extent.”
In the verdict, the victim himself sent a ‘friend request’ to the defendant, sent photos to the defendant through ‘Snapchat’, the defendant wanted to meet immediately because the victim had to help me instead of coming back after two months after going abroad to play cricket, the court also stated that the court did not prove the crime of coercion against Lamichhane. explained.
In the verdict, when Lamichhane came with the car, the victim spontaneously got into the car, even when he went to Nagarkot, the victim did not respond and the defendant assured the victim from Nagarkot that ‘the hostel will be open anytime’ rather than ‘go quickly, your hostel will be closed’ and the hotel defendant (Sandeep) in Nagarkot It is mentioned that the court acquitted Sandeep on the basis that the fact that he was ‘booked’ was not confirmed.
The bench of Judge Shishirraj Dhakal of District Court, Kathmandu, on January 25, sentenced him to eight years in prison, fined and paid compensation of five lakhs and ruled that he had taken advantage of the poor financial condition of Gaushala 26. Lamichhane had gone to Patan High Court against that decision.
Lamichhane was acquitted after hearing the case in that court.
After a complaint was filed against Lamichhane on August 21, 2079, he was arrested from the International Tribhuvan Airport on October 20, 2019, on charges of rape on Cowshed 26. The court acquitted Lamichhane in the said case.
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