The Patan High Court has sought a verified copy of the birth registration certificate of Sandeep Lamichhane’s rape victim and the original application she had filed to acquire a copy of her birth certificate.
A bench of Judges Munendra Prasad Awasthi and Durga Prasad Dhungel on Monday ordered that the documents be obtained from Tadi Municipality-2 and produced in court.
The High Court Government Attorney Office, Patan, had appealed with the Patan High Court demanding maximum punishment against Lamichhane, who was found guilty of rape. Lamichhane, on the other hand, had appealed with the court seeking acquittal in the rape case. The court began hearing on the appeals on Monday.
A bench of Kathmandu District Court Judge Shishir Dhakal on January 10 had announced a jail sentence of eight years for Lamichhane in the rape case. The court had also fined Lamichhane Rs 300,000 and ordered him to pay a compensation of Rs 200,000 to the victim.
The High Court Government Attorney Office, Patan, lodged an appeal with the Patan High Court on March 12, pointing that the Kathmandu District Court was lenient on Lamichhane. It claimed that the verdict was erroneous and demanded revocation of the verdict, and maximum punishment as claimed.
Lamichhane himself appealed even against what the office had called lenient punishment, and the Patan High Court on February 22 allowed him to appeal against the Kathmandu District Court’s verdict staying out of jail.
Lamichhane had demanded that he be allowed to appeal the verdict staying out of the jail citing Section 137 of the Criminal Procedure (Code) Act. The Patan High Court granted the facility to appeal staying outside jail as he was sentenced to less than 10 years and was not sent to judicial custody during hearing of the case by Kathmandu District Court.
A joint bench of Chief Judge Nripa Dhwaj Niraula and Judge Krishna Ram Koirala ordered both parties to be produced in court on April 5 and set a hearing on their appeals for Monday.
