The Sikkim High Court has upheld the conviction of 42-year-old Chewang Sherpa for the 2021 sexual assault and abetment of suicide of a 16-year-old student. The bench reaffirmed the validity of evidence, including the victim's suicide note, while ordering the sentences to run concurrently.
The Sikkim High Court on July 10, 2026, delivered a final judgment in a case involving a 2021 sexual assault and the subsequent death of a 16-year-old schoolgirl. A Division Bench led by Chief Justice A Muhamed Mustaque and Justice Bhaskar Raj Pradhan dismissed the appeal filed by the convict, Chewang Sherpa, confirming the original verdict passed in 2023.
Evidence and Court Observations
The court emphasized the strength of the evidence presented by the prosecution, noting that it formed an unbroken chain linking the convict to the crimes. A critical piece of evidence accepted by the bench was the victim’s suicide note, which the court identified as a reliable dying declaration under Section 32 of the Indian Evidence Act. The court rejected defense arguments that questioned the integrity of the investigation and the authenticity of the note, ultimately ruling that the trauma from the assault was the direct cause of the victim's actions.
Judicial Concerns on Rehabilitation
During the proceedings, the court highlighted that the convict had a prior record under Section 458 of the Indian Penal Code, which pertains to lurking house-trespass. The bench expressed significant concern regarding the effectiveness of the rehabilitation programs currently in place at the State Central Prison at Rongyek. The judges noted that the convict managed to commit a more serious offense after his earlier incarceration, prompting questions about the success of current correctional efforts.
Sentencing Adjustments
While the court maintained the conviction, it made technical modifications to the sentencing. The three-year sentence previously issued for sexual harassment was set aside, as the court determined it was covered by the more severe charges under the Protection of Children from Sexual Offences (POCSO) Act. The remaining sentences were ordered to run concurrently. The legal proceedings involved Advocate Thupden Youngda for the defense, with Additional Public Prosecutor SK Chettri and Assistant Public Prosecutor Sujan Sunwar representing the state.
Call for Child Welfare
Beyond the specific case, the High Court issued an appeal for improved mental health support systems for children. The bench urged the state to implement a structured, scientific approach to address the mental well-being of young girls who have experienced trauma. The court highlighted that protecting the mental health of children is essential for societal growth and recommended that existing welfare schemes be subject to more rigorous evaluation.