On 10th April, 2025, Trongsa Dzongkhag Court convicted Member of Parliament (MP) from Nubi Tangsibji, Tashi Dorji, of child molestation and sentenced him to 3 years, 3 months, and 28 days imprisonment.
The judgment was rendered involving an incident that took place on 4th September, 2022 when the accused, then serving as a Gewog Administration Officer in Trongsa, allegedly molested a minor while she was sick and bedridden.
At the time of the incident, the victim was at home with her younger sibling, while their parents were away collecting mushrooms.
Tashi Dorji, known to the victim’s family, entered the house under the pretense of checking on the girl’s health.
The accused found the victim lying under a blanket using her mobile phone. He then sent the victim’s younger brother, also a minor, outside to clean chicken bones.
The accused initially asked the victim’s younger brother, if the victim was sick, to which he replied affirmatively. Shortly after, the victim felt someone climbing the stairs, and upon looking up, saw him entering her room.
Shortly after, the accused placed his hand inside the victim’s Kira and touched her in inappropriate parts (left breast).
Despite the victim’s clear protests, he continued, asking if she wanted to go to the hospital and suggesting they go to his house to retrieve a pencil he had previously borrowed from her younger brother.
The victim, distressed, began crying loudly, prompting the accused to leave.
Afterward, the victim asked her younger brother to call her friend and when she arrived, confided her about the assault.
During the trial, the victim’s younger brother, testified that upon returning inside, he had seen accused in the house and initially thought he was simply touching his sister’s hand. However, after hearing her cry, he saw him leaving the house.
Subsequently, the victim exhibited drastic behavioral changes. Friends and witnesses described her as withdrawn and emotionally distressed.
During a 2023 school session on appropriate and inappropriate touching, she became visibly upset and later disclosed the incident to the school counselor, that she had been sexually assaulted by a neighbor in absence of her parents.
This prompted the school to report the incident to Trongsa Hospital, which later reported it to the Pema Secretariat, who reported it to Trongsa Police on 9th July, 2024.
Tashi Dorji was charged under Sections 203, 204, and 11 of the Penal Code of Bhutan for child molestation, a fourth-degree felony.
The section 203 mentions that a defendant shall be guilty of the offence of child molestation, if the defendant molests a child.
Section 204 mentions that the offence of child molestation shall be a felony of the fourth degree.
Section 11 mentions that a defendant convicted of a felony of the fourth degree shall be sentenced to a term of imprisonment, a minimum of which shall be three years and a maximum of which shall be less than five years.
While the accused claimed the touching was accidental during an attempt to adjust the victim’s blanket. However, the court rejected this claim, citing several factors.
The deliberate isolation of the victim by sending her brother away, the suggestive remarks made by the accused, lack of credible alternative explanation from the defense, and absence of motive for the victim’s family to falsely accuse the defendant.
The court determined that the accused acted with intent to sexually harass the victim and dismissed the moral defense as implausible.
Further, the court found the victim’s testimony, supported by her younger brother and other witnesses, to be consistent, credible, and in accordance with Section 5(a) of the Evidence Act of Bhutan.
Earlier during police investigation, a point of disagreement was a laptop that the MP reportedly gave to the girl after the incident. The girl’s mother claimed that the laptop was given after the molestation, while the MP asserted it was given before.
In the defendant’s statement to the police, he stated that the laptop he gave to the victim’s mother was for children to practice typing and playing games, and that he had given it before the incident occurred.
It was found that the laptop was over 15 years old and barely functional, so the laptop given was not counted as compensation paid to the victim.
In its ruling, the court emphasized that both parties were given full opportunity to present their arguments, and the decision was made after a comprehensive review of all evidence presented.
National Assembly said that so far, they have not received any official letter from the OAG nor the Court and only after that they will be able to take necessary actions against the MP.