Samtse District Court sentence 6 men in multiple sexual offence cases

Samtse District Court on 16th August 2024 sentenced 6 men found guilty in sexual offences against 3 minors and an 18-year-old girl.  The cases involved a range of offences, including rape of a child above 12 years of age, child molestation, sexual harassment, and providing alcohol to a minor.

Both Narayan Basnett (a DeSuup) and Ajay Gurung was sentenced to 9 years imprisonment for the offence of rape of a child above 12 years of age.

Kesang Rigden was sentenced to 5 years imprisonment for the offence of attempt to rape a child above 12 years of age. However, due to lack of evidence he was not found guilty of two other charges which were child molestation (the charge is deferred) and rape of child above 12 years of age.

Shecha (a contractor) was sentenced to 3 years of imprisonment for the offence of child molestation.

Sangay Thinley who is a former OC was sentenced to 3 months of imprisonment or fine payable for the offence of serving alcoholic beverages to a child. After deducting the detention days that he served, he has to either serve imprisonment of 2 months and 26 days or a fine payable of Nu 10,750.

Based on the statements provided by the 18-year-old girl during the investigation, and her testimony before the court, which indicated that the sexual intercourse was consensual, the defendant was acquitted of the charge of rape. Also, with regard to the charge of aiding and abetting of child molestation, the court found no evidence of involvement.

Kinley Rabgay who is the ex-boyfriend of 18-year-old victim was sentenced to 3 months of imprisonment or fine payable for the offence of sexual harassment. After deducting detention days, he has to either serve 1 month and 11 days or a fine payable of Nu 5,125.

After the Samtse District Court’s judgement, defendant Ajay and Shecha appealed to the High Court (HC). However, HC fully affirmed the District Court’s judgement on 30th October 2024.

Background

On 3rd June, an 18-year-old girl and her 17-year-old friend went missing after a school event in Samtse.

The incident began when the 17-year-old girl who was drunk was approached by a DeSuup asking her contact details and a date.

At around 4 pm the 17-year-old girl took her 18-year-old friend and met the DeSuup who was also with his friend at the outpost. The four went to a local fast food and bar and had drinks.

The DeSuup had sexual intercourse with the 17-year-old girl in the restaurant cabin.

In the meantime, the parents of the girls were worried and had filed a complaint and managed to track down the two girls to Samtse using Facebook Messenger.

While the girls came back to the parents on 4th June, the parents were suspicious that something had happened and took the matter to the police.

The police investigation revealed not  only the above case but an earlier serious incident with the two girls and two more underage girls of 17 and 15.

On 22nd April 2024, the four girls attended a picnic with the boyfriend of the 18-year-old girl and a group of people.

The 18-year-old girl alleged that her boyfriend attempted to rape her in the car, and was later flirting with another younger girl. She and her 15-year-old friend took a ride with a contractor who was going to the house of the OC to drink.

The OC had offered drinks to the group including the minor. Following, the OC and the 18-year-old slept together in his room.

Meanwhile, the contractor attempted to sleep with the 15-year-old girl and even sexually molested her. The minor eventually ran into another empty room and locked herself in the room.

The boyfriend of the 18-year-old girl who was still at the picnic spot dropped the two 17-year-old girls along with a guy to the house of a male friend. He then left. The male owner of the house and the male friend who took a ride with the girls then slept with the two 17-year-old girls in the house.

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