CNR No. SKHC010001092023

THE HIGH COURT OF SIKKIM: GANGTOK

(Criminal Appellate Jurisdiction)

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DIVISION BENCH: THE HON’BLE MR. JUSTICE A. MUHA MED MUSTAQUE, CHIEF JUSTICE

THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE

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CRL. A. No. 19 of 2023

Chewang Sherpa aged about 42 years,

S/o of Lxxx Sxxx,

R/o Axxx,

Uxxx Hxxx,

xxxx xxxx. (address redacted)

At present lodged at Rongyek Jail,

Gangtok, Sikkim. …. Appellant

Versus

State of Sikkim .... Respondent

Appeal under Section 374(2) of the Code of Criminal

Procedure, 1973

[against the Judgment and order on sentence dated 31.07.2023 passed by the Special Judge

(POCSO) West Sikkim at Gyalshing in S.T. (POCSO) Case No. 19 of 2021

in State vs. Chewang Sherpa]

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Appearance:

Mr. Thupden Youngda, Advocate (Legal Aid Counsel) for the

appellant.

Mr. S.K. Chettri, Additional Public Prosecutor with Mr. Sujan Sunwar,

Assistant Public Prosecutor for the respondent.

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Date of Hearing : 24

th

June, 2026

Date of Judgment : 10

th

July, 2026

Date on which uploaded: 10

th

July, 2026

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Crl. A. No. 19 of 2023

Chewang Sherpa vs. State of Sikkim

Page 2 of 19

Bhaskar Raj Pradhan, J.

“Feeling like a drop in the ocean

That don’t nobody notice

May be it is all just in your head

Feeling like you’re trapped in your own skin

And now your body’s frozen

Broken down, you’ve got nothing left

When you’re high on emotion

And you’re losing your focus

And you feel too exhausted to pray

Don’t get lost in the moment

Or give up when you are closest

All you need is somebody to say

It’s okay not to be okay

It’s okay not to be okay

When you’re down and you feel ashamed

It’s okay not to be okay”

Demi Lovato and Marshmello 2020

Prologue

It must have been particularly a rainy week towards the

middle of monsoons of August 2021 in Sikkim. On 20.08.2021, just

like any other day, the victim left for school to submit her papers.

There was lockdown during that time. The students had been asked

to submit their papers that day. She was just 16 and ready to move

out into the real world from the protected environment of her home

and school. She met her father at home, some friends on her way to

school, submitted her papers and returned home some time during

noon. She then engaged her father into watching a Nepali movie on

her phone, went back to her room and committed suicide by hanging

herself on a beam of the ceiling with her own school sweater. What

led the young 16 years old school going victim to commit suicide was

the question tasked to be answered through the investigation.

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The facts disclosed by investigation and trial.

2. After the victim returned home, her father (PW-1)

oblivious of what was going on in his daughter’s mind on that

particular day, went to the kitchen, made her some tea and took it to

her room. He found her writing in a notebook. At around 3 p.m., the

same day, when he was in the kitchen, the victim gave him her

phone and asked him to watch a Nepali movie which she had

selected for him. He watched it for 15 minutes. The battery ran dead.

He took the phone and went to the victim’s room to find his daughter

hanging from her school sweater tied to the beam of the ceiling. He

caught hold of her body, shook her trying to wake her up, opened the

school sweater, took her down and laid her on the table.

3. The Panchayat (PW-3) was informed. He then informed

the Sxxx Police Station.

Investigation of unnatural death case

4. The first Investigating Officer (PW -2) after the

registration of Sxxx PS UD Case No. 07 of 2021 dated 20.08.2021

under section 174 of the Code of Criminal Procedure, 1973 (Cr.P.C.)

found the body of the victim in a supine position on the table when

he visited the place of occurrence. He also saw the school sweater

(M.O-IV) tied to the ceiling beam and hanging loose. He took

photographs of the place of occurrence (exhibit-4 collectively) and

the rough sketch map (exhibit-P45). He then conducted the inquest

over the dead body in the presence of witnesses and noted oblique

and non-continuous ligature marks on the neck, abrasion measuring

about 2.5 cm approximately on the left buttock in the inquest report

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(exhibit-5). He also inspected the room of the deceased and found

the notebook (M.O-II) with the red ink gel pen (M.O-VI) in which was

scribed the suicide note (M.O-IIA). He seized the notebook and the

pen and prepared the seizure memo (exhibit -6). He removed the

school sweater from the ceiling and seized the same vide seizure

memo (exhibit-7). He also found the school uniform of the victim

kept on the sofa which was seized vide seizure memo (exhibit-17).

Amongst them, the white school shirt, the black leggings and the

navy blue school frock had muddy stains as noted by the

Investigating Officer (PW-2) in the seizure memo (exhibit-17) dated

20.08.2021.

Autopsy

5. The victim’s dead body was thereafter, forwarded to

STNM hospital for autopsy. Dr. O.T. Lepcha (PW-9) - the Chief

Medico Legal Consultant, conducted the autopsy over the body of the

victim on 23.08.2021. He recorded the history of victim having been

found hanging in her room with the help of school uniform.

5 (i). He noted that wearing apparels of the victim as (i) round

collared black half T-shirt, (ii) dark bluish green track pant, (iii) print

sports bra and pink panty.

5(ii). He noted severe cyanosis present over the lips and the

finger nails, a small bruise over the lower lips but without any other

marks or injury or violence found over the body, the genitals and the

breasts of the victim, except for ligature impression over the neck.

5(iii). He noted ante mortem injury, i.e., ligature mark around

the front of the neck measuring 31x0.8 cms placed just over and

Crl. A. No. 19 of 2023

Chewang Sherpa vs. State of Sikkim

Page 5 of 19

above the thyroid cartilage running backwards and upwards placed

4.5 cms below left ear lobe and 8 cms below the right ear lobe.

5(iv). During the victim’s internal examination he noted that

the brain was congested and oedematous. He did not detect any

abnormality in the chest, heart or abdomen nor found any injury or

abnormality over the vulva and the vagina. He did not find any other

associated injury over the body of the victim.

5(v). Based on his autopsy finding, Dr. O.T. Lepcha (PW -9)

opined that the time since death was between 12 -48 hours and the

cause of death to the best of his knowledge and belief was due t o

asphyxia, as a result of antemortem hanging.

Registration of FIR

6. On completion of investigation of the unnatural death case, the

Investigating Officer (PW-2) lodged the First Information Report

(FIR)(exhibit-11) dated 20.08.2021 as the Station House Officer of

the Sxxx Police Station against the appellant. On receipt of the FIR,

the Investigating Officer (PW-32) registered Sxxx PS Case FIR No.

04/2021 dated 20.08.2021 under section 375, 376, 306, 339 and

341 of the Indian Penal Code, 1860 read with section 3/4 of the

Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

Thereafter, on receipt of the autopsy report (exhibit -13) on

23.08.2021 and the dead body along with the apparels, vaginal

swab, nail clippings and blood sample of the victim, the Investigating

Officer (PW-2) handed over the documents, case exhibits and

material objects to the Investigating Officer (PW-32).

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Investigation

7. The Investigating Officer (PW-32) took over various items

including the notebook (M.O-II) containing the suicide note and the

writing pen from the Investigating Officer (PW-2). He visited the

place of occurrence and drew the rough site plan (exhibit-P45). The

rough sketch map (exhibit-P45) notes two places of occurrences. The

first is the victim’s bedroom in her house. The second is a place next

to the ICDS centre close to the Axxx Gxxx. The first place of

occurrence, i.e., the victim’s room where she committed suicide was

identified by the victim’s father (PW-1), the Panchayat (PW-3) as well

as the first Investigating Officer (PW-2). The second place of

occurrence is the spot next to the ICDS school which is vividly

described in the suicide note by the victim herself.

Charge-sheet

8. On completion of the investigation, the Investigating Officer

(PW-32) filed his final report under section 173 of t he Cr.P.C.

indicting the appellant under section s

354/354A/354D/375/376/306/339/341 of the IPC read with section

3/4 of the POCSO Act.

The Charges

9. On 01.12.2021, the learned Special Judge framed five

charges against the appellant. Firstly, he was charged under sections

354(D)(i) of the IPC for making unwelcome advances and gestures

towards the victim on 20.08.2021 at a waiting shed near Axxx G xxx,

following her when she fled near the ICDS centre and chasing her.

Secondly, he was charged for catching the victim’s hand, restraining

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her by not allowing her to proceed towards the house and committing

offence under section 341 of the IPC. Thirdly, he was charged for

chasing, catching and forcibly committing rape on the victim

punishable under section 376(1) of the IPC. Fourthly, he was charged

for committing forcible penetrative sexual assault on a minor victim

punishable under section 4(1) of the POCSO Act. Finally, he was also

charged for abetting the commission of suicide by the victim

punishable under section 306 of the IPC.

The impugned judgment

10. On completion of the trial, the appellant stood convicted

and sentenced for four offences. He was convicted and sentenced for

the offence of sexual assault as defined under section 7 of the POCSO

Act punishable under section 8 thereof and sentenced to rigorous

imprisonment for a term of five years and a fine of Rs.10,000/-. He

was convicted for abetment of suicide under section 306 of the IPC

and sentenced to undergo rigorous imprisonment for a term of ten

years and to pay a fine of Rs.20,000/-. He was convicted for the

offence of wrongful restraint under section 341 IPC and sentenced to

undergo rigorous imprisonment for a term of one month and to pay a

fine of Rs.500/-. He was finally convicted for the offence of sexual

harassment under section 354 A(2) of the IPC and sentenced to

undergo rigorous imprisonment for a term of three years and to pay

a fine of Rs.5000/-. In default of payment of fine in each of the

sentences, the appellant was directed to under go further simple

imprisonment as stipulated therein. The sentences were directed to

run concurrently and the period of detention already undergone

Crl. A. No. 19 of 2023

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Page 8 of 19

during investigation and trial was to be set off as provided under

section 428 of the Cr.P.C. The learned Special Judge did not convict

the appellant for the offence of rape though charges had been

framed.

11. The learned Special Judge has held that the victim was a

child as defined under section 2(1)(d) of the POCSO Act as she was

aged only about 17 years and 3 months on the date of the incident,

i.e., 20.08.2021. The learned Special Judge also held that the

prosecution had proved that the suicide note was scribed by the

victim and the victim had in fact committed suicide. The learned

Special Judge opined that the victim had been sexually harassed and

assaulted by the appellant, as a result of which unable to bear the

sense of shame, disgrace, defilement and futility, she committed

suicide and therefore he was also liable for abetment of her suicide.

The submissions

12. Mr. Thupden Youngda, learned Counsel for the appellant,

submitted that the conviction and sentence of the appellant was

based on faulty investigation and the deposition of witnesses were

contradictory. It was his case that neither the age of the victim nor

the contents of the suicide note were proved. The learned Counsel

also drew the attention of this Court to the deposition of Surendra

Subba (PW-31) - the Junior Scientific Officer-cum-Assistant Chemical

Examiner, Questioned Document Divisi on of RFSL Saramsa and his

admission in cross-examination, that the question handwriting

stamped (note book) marked as exhibit – Q1 to Q10 and the blue

enclosed admitted handwritings stamped (i.e., two notebooks and

Crl. A. No. 19 of 2023

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three pages) marked as exhibit A1 to A51 w ere not the exhibits

received by their office. It was, therefore, contended that the

Forensic Expert (PW-31) had failed to establish that the suicide note

was written by the victim. For brevity we shall refer to Surendra

Subba (PW- 31) as the Forensic Expert (PW-31) hereinafter.

13. The learned Additional Public Prosecutor submitted that

the judgment and sentence rendered by the learned Special Judge

was sound, based on evidence established by the prosecution and

therefore, it called for no interference. It was submitted that both the

documentary and oral evidence had been duly proved. He submitted

that in this case last seen theory could also be applied. That, the

proven fact that the appellant had reserved PW-8’s vehicle in which

he and a girl student wearing school uniform had travelled after

payment of Rs.300/- and alighted at Axxx Gxxxx, clearly establishes

it.

Consideration

14. As the learned Counsel for the appellant questions the

finding of the learned Special Judge that the victim was a child and

that the evidence produced by the prosecution established the guilt

of the appellant beyond reasonable doubt, we propose to re-examine

the evidence.

Re: the victim’s age

15. The victim’s father (PW-1) deposed that the victim was

16 years old, born on 21.05.2004 at Gangtok hospital and studying

in Class XII. He further deposed that he had o btained her birth

Crl. A. No. 19 of 2023

Chewang Sherpa vs. State of Sikkim

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certificate (exhibit-2) after 15 days of her birth. Nothing substantial

came out during the cross-examination by the defence which would

disprove the facts deposed by the victim’s father.

15(i). The victim’s mother (PW-5) also deposed that the victim

was born on 21.05.2004 at Gangtok and her birth certificate was

obtained from Sxxx Primary Health Centre. Both the parents of the

victim identified the birth certificate, which was seized by the

Investigating Officer from their house.

15(ii). The birth certificate (exhibit-2) is in the original signed by

the Registrar and issued by the Government of Sikkim, Chief

Registrar of Births and Deaths, Health & Family Welfare Department

and carries with it the presumption of correctness as required under

Section 35 of the Indian Evidence Act, 1872.

15(iii). The Medical Officer In-Charge-cum-Registrar, Births and

Deaths (PW-29), posted at Sxxx Primary Health Ce ntre at the

relevant time also produced the original birth register (exhibit-39)

with the relevant entries and proved the same. She vouched for the

correctness of the entries made in the birth certificate (exhibit-2).

15(iv). Dr. S.N. Adhikari (PW-30) who was posted as Medical

Officer-cum-Registrar, Births and Deaths, at Sxxx Primary Health

Centre at the relevant time was the authority who issued the birth

certificate. He identified his seal and signature thereon and also

identified the officers who had made the entry in the birth certificate

(exhibit-2). Both PW-29 and PW-30 also proved that the date of birth

of the victim as recorded in the birth register maintained by them

and in the birth certificate was 21.05.2004.

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15(v). Besides the above witnesses, the prosecution has also

produced the Medical Record Technician at the Gangtok hospital (PW-

22) to verify the birth certificate (exhibit-2) of the victim as per the

records available with the hospital. He proved the register (exhibit-

26) in which the relevant entries of the victim were made.

15(vi). The Principal (PW-21) of the school in which the victim

was a student also proved the school admission register (exhibit-23)

in which the victim’s age was recorded as 21.05.2004.

15(vii). The Investigating Officer (PW-32) along with the seizure

witnesses (PW-17 and PW-18) duly proved the seizure of the birth

certificate (exhibit-2).

15(viii). We have no hesitation in upholding the finding of the

learned Special Judge that the victim was in fact a child at the time

of the offence.

Re- whether the prosecution had proved that the handwriting

in the suicide note and the admitted handwriting were of the

victim?

16. It is noticed that the Forensic Expert (PW-31) had duly

proved that the suicide note (M.O-IIA) compared with the admitted

handwriting of the victim in two notebooks and three pages (M .O-I,

III, VII) was of one and the same person. However, during cross -

examination, he deposed that the exhibits , i.e., red enclosed

questioned handwritings stamped (notebook) marked by him as

exhibit Q1 to Q10 and the blue enclosed admitted handwriting s

stamped (i.e., two notebooks and three pages) marked by him as

exhibit A1 to exhibit A51 were not exhibits received by their office.

Pointing out this anomaly, the learned Counsel for the appellant

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submitted that therefore, the prosecution had failed to prove that the

handwriting in the purported suicide note was of the victim.

16(i). During investigation, the Investigating Officer (PW-2) of

Sxxx PS UD Case No. 07/2021 dated 20.08.2021 seized the notebook

containing the suicide note as well as one writing pen from the room

of the victim on 20.08.2021 in the presence of two witnesses (PW-3

and PW-4). The seizure was effected on the same day when the

victim had committed suicide. The Investigating Officer (PW-2) and

the seizure witnesses (PW-3 and PW-4) duly proved the seizure of

the suicide note.

16(ii). The notebook containing the admitted handwriting of the

victim was also seized by the Investigating Officer (PW-32) on

06.09.2021 from the house of the victim in the presence of two

witnesses (PW-19 and PW-20). The Investigating Officer (PW-32) as

well as the seizure witnesses duly proved the seizure of the

notebook.

16(iii). The victim’s brother (PW-6) confirmed and corroborated

the fact that the suicide note was seized from their house. He

identified the notebook containing the suicide note as well as the

victim’s handwriting thereof. The victim’s brother also proved the

seizure of the notebook containing the admitted handwrit ing of the

victim and he identified the handwriting thereon as the victim’s.

16(iv). The notebooks containing the suicide note as well as the

admitted handwriting of the victim were thereafter forwarded by the

Investigating Officer (PW-32) to RFSL Saramsa for analysis and

expert opinion. He thereafter collected the expert opinion from RFSL

Saramsa.

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16(v). The Forensic Expert (PW-31) proved that on 10.09.2021

he had received both the notebooks which had been marked by him

as Q1 to Q10 and exhibit A1 to A51 respectively. During his

examination in chief, he identified these documents in Court. He also

deposed that he examined them and gave a detailed opinion about

the comparison and his conclusion that the handwriting in the suicide

note and the admitted handwriting of the victim was of one and the

same person. Therefore, we find no reason as to why Forensic Expert

(PW-31) incorrectly stated during his cross-examination that the

notebooks containing the suicide note and the admitted handwriting

of the victim were not received by their office. However, we are

certain that we cannot give the advantage of this to the defence.

16(vi). We have perused the two handwritings in the notebooks

containing the suicide note and the admitted handwriting and we are

satisfied that the two handwritings in the two notebooks are of one

and the same person as opined by the Forensic Expert (PW-31). We

are also of the view that the prosecution has been able to duly prove

that the handwritings in both the notebooks were of the victim as

identified by the victim’s brother (PW -6) and their seizure duly

corroborated by the victim’s father (PW-1).

Re- Faulty investigation

17. The prosecution has been able to prove that:

(i) on 20.08.2021 the victim was with her father (PW-1) at their

house and thereafter, she proceeded to school as she had to

submit her papers as instructed by her teacher from the

deposition of her father (PW-1).

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(ii) she went to the school and submitted her papers from the

evidence of the teacher (PW-7) and her classmates, i.e., PW-10,

PW-11, PW-12, PW-13 and PW-26.

(iii) on her return, while she was waiting at the Sxxx taxi stand,

the appellant who had hired PW-8’s taxi stopped next to her, the

appellant asked her to board the taxi, she did so and sat in the

back seat while the appellant sat in the front seat next to PW-8.

Thereafter, PW-8 dropped both the appellant and the victim near

the Axxx Gxxx after the appellant paid Rs.300/-. It was drizzling

then. PW-8 saw the appellant and the victim go towards the

waiting shed. These facts have been proved from the deposition

of PW-8.

(iv) PW-8 also identified the photographs of the waiting shed

(exhibit-21).

18. We do not find, contrary to what has been argued before

us, that the investigation was faulty. In fact, it was faultless.

However, as the present case is based on circumstantial evidence, it

was equally important for the prosecution to ascertain what

transpired after the victim and the appellant was dropped near Axxx

Gxxx by PW-8 on 20.08.2021. These facts are available in the suicide

note of the victim.

The victim’s story

19. What happened after the appellant and the victim

alighted from PW-8’s taxi and went towards the waiting shed is

described vividly by the victim in her suicide note. She scribed it on

20.08.2021 after she returned home and thereafter committed

suicide. This was also her last statement before her death by suicide

and would be relevant as her dying declaration under section 32 of

the Indian Evidence Act, 1872.

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19(i). After school, as there was only one taxi, the victim

boarded the taxi reserved by the appellant with him. She did not

doubt the appellant as he belonged to the same village. When they

reached Axxx Gumpa, they alighted from the taxi. The appellant paid

the taxi fare. It was raining then. As she did not have an umbrella

they went and took shelter in the waiting shed. In the waiting shed,

the appellant started looking at her with ill intent. She ran away from

the waiting shed. The appellant started chasing her. She continued

running but she got tired. She sat down near the jungle and looked

around but did not see the appellant. She felt that the appellant must

have gone away. She started proceeding towards her house. The

appellant, however, was around the jungle. She reached towards

Cxxx Dxxx’s house. The appellant did not stop chasing her. There

was nobody around and her only option was to keep running. The

victim kept running, but the path was slippery. She reached ICDS

after slipping and falling several times. She could not run any further

and the appellant caught up to her. The appellant put his hand all

over her body. She wept and cried hoping that somebody would hear

her but no one came.

19(ii). The suicide note contains details of the area, the terrain,

the period, the path, the structures in the area and clearly reflects

what happened to her without any confusion. Other evidences led by

the prosecution corroborate the details in the suicide note. She has

specifically named and described the appellant as the perpetrator of

the crime. The fact that it was raining around the time as described

by the victim in the suicide note when the incident took place is clear

from the evidence of the driver (PW-8), PW-14 as well as PW-15. The

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victim clearly describes how she was sexually molested by the

appellant making her cry and scream for help. The medical report of

the appellant (exhibit-31) dated 21.08.2021, shows that he had

abrasion on his right elbow with swelling along with old clotted

abrasion when he was examined the very next day of th e incident.

We have no hesitation to hold that the acts of the appellant

compelled her to commit suicide. As correctly appreciated by the

learned Special Judge, the acts of the appellant including the sexual

assault upon the victim was found to be so desp icable, humiliating,

deplorable and intolerable, that she felt a deep sense of defilement

and was unable to face anyone driving her to commit suicide by

hanging. The language and the tenor of the suicide note does give an

impression that the act of the app ellant was beyond just sexual

assault. However, as the learned Special Judge has thought it fit to

convict the appellant for sexual assault and the medical evidence also

does not give us an assurance, we propose to keep it at that.

20. The prosecution has proved that cause of death was due

to asphyxia, as a result of antemortem hanging. The autopsy has

also proved that the victim had died by hanging on 20.08.2021.

21. The prosecution has successfully proved the chain of

circumstances needed to be proved in the present case. We do not

have any doubt on the prosecution story and the fact that it was due

to the heinous acts of the appellant and the appellant alone that led

the victim to commit suicide. There are no gaps in each of the

circumstances proved by the prosecution to create doubt in our mind.

The facts establishing the guilt of the appellant has been fully proven.

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Each of the circumstances proved by the prosecution exclusively

point towards the appellant’s guilt. 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.

22. The victim has clearly stated what transpired after she

alighted with the appellant from PW-8’s taxi. The narration in the

suicide note clearly proves that the appellant had wrongfully

restrained the victim from proceeding to her home. The narration

also proves that the appellant had committed the act of physical

contact and advances involving unwelcome and explicit sexual

overtures and was guilty of sexual harassment. It is also clear that

the appellant had touched the victim with sexual intent and

committed sexual assault on the victim. The suicide note which

describes the heinous act , the abrasion measuring 2.5 cms

approximately on the left buttock of the victim noted in the inquest

report (exhibit-5) and the small bruise over the lower lips noted in

the autopsy report (exhibit-13) establishes the sexual assault

committed by the appellant on the victim. The suicide note written on

20.08.2021, immediately after the incident and just before

committing suicide, also makes it clear that the conviction and

punishment of the appellant under section 306 for abetment of

suicide by the learned Special Judge cannot be faulted.

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23. However, we notice that the conviction of the appellant

under section 354A IPC and section 8 of the PO CSO Act must be

examined in the light of section 42 of the POCSO Act and section 71

of the IPC as well while sentencing. As such, we set aside the

sentence under section 354A(2) of the IPC.

24. The appeal is therefore, partly allowed. The impugned

judgment of conviction is upheld but the order on sentence is

accordingly modified. The sentences shall run concurrently. The

appellant is in jail. He shall continue there to serve out the rest of his

sentence.

25. We also uphold the grant of compensation to the parents

of the victim as directed by the learned Special Judge.

Epilogue

26. What we now intend is to express our views on two

important aspects which have troubled us in the facts of the present

case.

27. Firstly, we notice that the appellant w as previously

convicted under section 458 of the IPC in the year 20 11 by the

learned Sessions Judge, South and West at Namchi in S.T. Case No.

23 of 2009 and was directed to serve imprisonment for a term of

twenty-five months. However, we notice that he ha s gone and

committed another crime again and more heinous than the previous

one. We express our concern about the effectiveness of the

rehabilitation scheme in the State Central Prison at Rongyek.

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28. Secondly, we express our deep sense of worry on the

issue of mental health of our children after reading the laments of the

victim in her suicide note which we hesitate to reproduce here. The

mental health of a child, and in this case a girl child, is a matter of

serious concern. Although, we are aware that the State is conducting

various programs for assuring that the mental health of our citizens

are well taken care of, if there is any possibility to do more, the State

must not hesitate to take proactive steps at all levels to ensure that

the mental health of every child is protected. 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. There must be a process of scientific

evaluation of the working of these schemes on a periodic basis. We

say no further.

29. Copy of this judgment be forwarded to the Court of the

learned Special Judge along with the records. Copy of this judgment

shall be served upon the appellant free of cost forthwith. Copies shall

also be forwarded to the Additional Director General of Police, State

Central Prison immediately via email and to the Chief Secretary of

the Government of Sikkim, for necessary steps.

(Bhaskar Raj Pradhan) (A. Muhamed Mustaque)

Judge Chief Justice

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