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CONTENTS

Topics Page No.

1. Acknowledgment..2
2. Introduction..3
3. Summary.4
4. Glossary5
5. Abbreviation.7
6. Objectives:.8
7. Limitation:.12
8. Methodology..14
9. List of cases attended16
10.Local Laws and Central Laws researched..24
11.Recommendations:.33
12.Conclusion.35
13. Bibliography.36

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ACKNOWLEDGEMENT
First of all, I would like to pay my sincere gratitude towards our LIP coordinator Sir Pritam
Subba, for arranging our visit to District Court Gangtok, East Sikkim, for the purpose of
understanding the court proceedings and judicial system. And also would like to sincerely thank
him for his guidance, during the duration of internship for he helped me in every possible way
to make me understand the basic procedure of the court.

I would also like to thank the management of the ICFAI University for the opportunity. And I
would also like to thank the lawyers, judges and other staffs of the District Court, Gangtok for
providing us such a nice opportunity to observe the court proceedings.

And Lastly, I would like to thank my parents, friends and other faculty members who have
directly or indirectly helped me during the two months of my internship program.

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INTRODUCTION
Legal internship program is an integral and important aspect of legal education. Even though it
just for 8th weeks duration it is quite sufficient for the student to grasp the important aspect of
practical application of law. We get to know the skills that are required to become a successful
lawyer. From internship only we come to know that theoretical law and practical law are quite
different.

This report is based upon visit to the court, interaction with lawyers and the judges, guidance of
faculty guides and observation of the accused, witness, victims etc. who are in true scene the
once who is going through the due process the law. Most of the report is based on cases
observed by me at the District court Gangtok East Sikkim. The cases are mix of civil, criminal,
Family.

The report also includes research on certain topics of law related to local laws of Sikkim like
SADA, land law and central Act like POCSO Act 2012.

However it is to be noted that due to short duration of internship most of the case referred in
this report are incomplete as most of the case takes a long time to be decided and most of
them was still at trail face at the time of writing of the report.

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SUMMARY
Majority of this report is based on my visit to District Court, Gangtok, East Sikkim. The district
court plays a vital role in the administration of justice because of its easy asseccebility.

The District Courts of India are established by the State governments in India for every district
or for one or more districts together taking into account the number of cases, population
distribution in the district. They administer justice in India at a district level. These courts are
under administrative control of the High Court of the State to which the district concerned
belongs. The decisions of District court are subject to the appellate jurisdiction of the
concerned High court.

The district court is presided over by one District Judge appointed by the state Government. In
addition to the district judge there may be number of Additional District Judges and Assistant
District Judges depending on the workload. The Additional District Judge and the court presided
have equivalent jurisdiction as the District Judge and his district court. The district judge is also
called "Metropolitan session judge" when he is presiding over a district court in a city which is
designated "Metropolitan area" by the state Government. The district court has appellate
jurisdiction over all subordinate courts situated in the district on both civil and criminal matters.
Subordinate courts, on the civil side (in ascending order) are, Junior Civil Judge Court, Principal
Junior Civil Judge Court, Senior Civil Judge Court (also called sub-court). Subordinate courts, on
the criminal side (in ascending order) are, Second Class Judicial Magistrate Court, First Class
Judicial Magistrate Court and Chief Judicial Magistrate Court. In addition 'Family Courts" are
established to deal with matrimonial disputes alone. The Principal Judge of family court is
equivalent to District Judge.

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GLOSSARY
1) Accused: - person charged with an offence or crime.
2) Adjourn: - break off with the intention of resuming it later.
3) Adjudication: - make formal judgment on disputed matter.
4) Amendment: - it means act or process of changing the words or meaning of a law or
document.
5) Acquittal: - it means free. The accused person has been proved innocence after trial
6) Bail: - being given liberty until the next stage in a pending case.
7) Cognizable offence: - the offence where the person can be arrested without a warrant
by the police.
8) Charge sheet: - when the investigation is complete, the police officer is required to
submit a report to the magistrate stating the name of the parties, the nature of
information etc.
9) Defendant: - an individual company or institution sued or accused in a court of law.
10) Discharge: - its a temporary relieves an accused person from legal proceeding by an
order which does not amount to judgment.
11) General dairy: - dairy maintained by the police for keeping daily record.
12) F.I.R:- F.I.R is an information report given to the police orally or in writing as to the
commission of an offence so as to put the police in motion to investigate.
13) In camera trail: - it means non confidential. A judicial proceeding, hearing or discussions
with judge in the privacy of his chamber or the court room.
14) Inquest: - under law it means an official investigation into the cases of unnatural death
i.e. suicide, death in police custody.
15) Judicious: - does something with good judgment.
16) Jurisdiction: - certain area beyond which the court cannot act.
17) Prosecution: - the prosecuting of someone in respect of criminal charge.
18) Prospects: - institute legal proceeding against, conducted the case against the party
being accused or sued in law.
19) Summons: - it is a document issued from the office of a court of justice calling upon the
person to whom it is directed to attend before a judge or officer of the court.
20) Suo moto: - it means when the judiciary takes up a matter on its own on grounds of
blatant violation of the law, or to maintain public order.
21) Affidavit: - A written or printed statement made under oath.
22) Bench trail: - a trail without a jury, in which the judge serves at the fact finder.
23) Burden of proof: - The duty to prove disputed facts, In civil cases, a plaintiff has the
burden of proving his case, in criminal cases, the government has the burden of proving
the defendants guilt.

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24) Conviction: - a judgment of guilt against a criminal defendant.
25) Hearsay: - Evidence presented by a witness who did not see the incident, but heard
from someone else.
26) Litigation:-A case, or lawsuit.
27) Precedent: - A court decision in an earlier case with facts and legal issues similar to a
dispute currently before a court.
28) Sentence: - The punishment ordered by a court for a defendant convicted of a crime.
29) Statute: - A law passed by a legislature.
30) Will: - A legal document that declares a persons wishes about the way their estate
should be handed when they die.
31) Prima facie: - Something that appears on the face of it to be true.

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ABBREVIATIONS

Sl. No. Abbreviation Full Form


1 ANR Another
2 C.D Case dairy
3 C.J.M Chief judicial magistrate
4 Cr.P.C Criminal procedure code
5 C.P.C Civil procedure code
6 C.I Court inspector
7 F.C Family court
8 F.I.R First information report
9 G.O Gazette officer
10 G.R General register
11 Honble Honorable
12 I.P.C Indian penal code
13 I.O Investigation officer
14 J.C Judicial magistrate
15 LD. Learned
16 P.I Police inspector
17 P.P Public prosecutor
18 P.S Police station
19 Ors. Organization
20 O.I Office in charge
21 MCACT Motor Accident Claim Tribunal
22 Sec Section
23 SADA Sikkim Anti Drugs Act
24 S.B.I State bank of India
25 S.T Summary trail
26 RFSL Regional forensic science laboratory
27 POCSO Protection of children from sexual offences
28 U/S Under section
29 v/s Versus
30 W.O Written objection

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OBJECTIVES
The main aims and objectives for doing LIP are as follow:-

To understand the court procedure


To have knowledge about practical application of law
To know the role of judges and lawyers
To understand the role of various other staffs of the court.

1) Court procedure: - Being a law student it is very much important for me to know
about court procedure, but I had limited time for doing internship it was very
difficult for me to know each and every procedure of court in detail. But still I have
got some ideas about court procedure because along with the visit I also had
attended so many cases and it was helped me to get some of the basic ideas about
court proceedings i.e. how a public prosecutor opening their case, recording of the
statement, how process are issued and delivered, how cross- examination is under
taken by the defense lawyers, how a lawyer presents the evidence before the court,
filling of the case etc.

Hierarchy of courts in East Sikkim

HIGH COURT-
The Sikkim High Court is the highest court of the state. The Sikkim high court was
established in the year 1975, location at Gangtok East Sikkim.

The Sikkim High Court has three judges they are:-

1) Honble Chief Justice Mr. Satish Kumar Agnihotri


2) Honble Judge Mrs. Meenakshi Madan Rai
3) Honble Judge Mr. Justice Bhaskar Rai

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DISTRICT COURT-
There are different court rooms in District court at Gangtok East Sikkim such as:-

1) District & Session court East Sikkim:- District & session judge is also the special judge
under the Sikkim Anti Drugs Act,2006, and also the single member under the Motor
Accident Claim Tribunal Act 1988, The District & session judge is the president of the
District Consumer Dispute Redressal Forum for East and North District Sikkim.

2) District & session judge 1st division family court at Gangtok:- District & Session judge
1st division has the power to try all the family case within his/her local jurisdiction which
comprise whole East District

3) Court of chief judicial magistrate East & North District:- The CJM can exercise all pr
any of his/her powers as per the provision laid down in the Crpc 1973 within his/her
local jurisdiction which comprise the whole East & North District Sikkim .

4) Judicial magistrate 1st class North District Sikkim:- JM 1st class can exercise all or any
of his/her powers as per the provision laid down in Crpc 1973 within his/her local
jurisdiction which comprise whole East & North District.

5) Civil judge cum judicial magistrate East Sikkim:- Civil judge can exercise all or any of
his/her powers as per the provision laid down in the Cpc 1908 within his/her local
jurisdiction which comprise whole East District. Apart from civil judge cum judicial
magistrate by virtue of their posts also perform other duties as follow:

a) Prevention of corruption Act Act.


b) District consumer Dispute Redressal Forum.
c) Human Rights Act.

NAME OF THE JUDGES AT DISTRICT COURT GANGTOK EAST SIKKIM:-

Honble judge Mr. Benoy Sharma:- Chief judicial magistrate( East & North)
Sikkim.
Honble judge Miss Bebika Chettri: Judicial magistrate 1st class Chungthang
North District Sikkim.
Honble judge Miss Ranjeeta Pradhan: civil judge cum judicial magistrate East
Sikkim.
Honble judge Mr. Parajwal Katiwara: District & session judge 1st Division, Family
court.
Honble judge Miss Jyoti kharka :- District & session court East Sikkim.

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2) Practical application of law:-As a law student we only get to know about the
theoretical aspect of law in the class room. It was only after visits to the court that I got to
know about the practical application of law like the Evidence Act, Crpc, IPC, and other
Acts. So court visit is the best way for a law student to know about how actually laws that
we study in the class room are applied in court of law.

3) Role of prosecutor: - Before went to the court I was only know that who is
prosecutor, but now I have also understood the role of prosecutor. Prosecutor is the
chief legal representative of the prosecution system. He /she are a lawyer who
represents the state. The role of the prosecutor beings once the police filed the charge
sheet in the court than the prosecutor must conduct the prosecution on behalf of the
investigation. It is he/her duty to present all the facts, witnesses and evidence before
the court. Basically prosecutor is a criminal lawyer.

HIERARCHY OF PROSECUTOR
Director of prosecution
Public prosecutor
Chief public prosecutor
Additional public prosecutor
Assistant public prosecutor

Functions of the different prosecutors:

i.Director of prosecution: - supervises over the whole directorate of prosecution.


ii. Public prosecutor: - Does administrative works.
iii. Chief public prosecutor: - Allocates works to other prosecution under him.
iv. Additional public prosecutor: - represent the state in session court.
v. Assistant public prosecutor: - Represent the state in magistrate court.

4) Administrative staff of the court: - while visiting the court I observed that every court
room has this four staffs such as, peshkar, stenographer, reader and peon.

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1) Reader: - he maintains all the case files of the cases.
2) Stenographer: - stenographer was sitting right side of the judge she
maintains word by word written record of what was said during the trail.
3) Peshkar: - Peshkar is a person who decided the date of case hearing.
4) Peon: - They maintain the attendance register for the witness and the
accused or victim. She also calls the witness or accused inside the court room
when asked by the judge.

LIMITATIONS

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As an intern we have to face various hardships. Some of these hardships are a severe hindrance
for us and some are mere irritants. These hardships have proven to be the main cause of
limitations that I had to face during my internship. The limitations faced by me can be
summarized as below:-

1. Limited time

2. Language Problems

3. Not able to attend all the cases

4. Limited communication with lawyers and judges

Let us see these limitations in detail.

1) LIMITED TIME:-The internship was only for 2 months; within these 2 months I was not able
to acquire proper knowledge about practical application of law. And also this was my first
internship program, so I felt that 2 months time was very short and I could not learn anything in
detail or get concrete ideas and experience about the legal procedure. And most of my time
was wasted in learning of legal terms such as MACT, SADA, POCSO etc. 2 months of time was
very short and out of two months time I had to spend most of the time trying to understand the
hierarchy, the types of cases and research on a particular law of the state, as such I had very
little time to actually attend cases and experience the actual application of law.

2) LANGUAGE PROBLEM: - Though the official language is English but in district court of
Gangtok most of the court proceedings and legal works are done in vernacular language i.e.
Nepali. They are using their local language because most of the victims, accused, witness do not
understand English so it was difficult for me to understand, most of the proceedings i.e.
examination, judgments etc. And also in court all the legal words were used so it was very
difficult to understand the words. In order to become a good lawyer it is very important for me
to learn the legal terms and words. So I had referred Google as a legal dictionary and it was
time consuming for me half of my internship went in referring the legal dictionary and getting
the meaning. Though it was time consuming but I got to learn some of the legal terms.

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3) NOT ABLE TO ATTEND ALL THE CASES:- At the District Court, Gangtok there are various types
of cases being tried and as a beginner I was drawn towards criminal cases and family cases. But
sadly most of cases that were under sexual assault provisions, POCSO Act and family matters
were out of bound for interns like us. Especially POCSO cases and sexual assault were
conducted in camera, so we were not allowed to observe it as such we were not able to get any
practical knowledge about how to deal with such cases. . As per section 327 (2) of the CR.P.C
inquiry into and trial of a rape (or gang rape) case by a court shall be conducted in camera trail,
so this is the main reason that I was not able to attend all the cases.

4) LIMITED COMMUNICATION WITH LAWYERS AND JUDGES: - One of the greatest sources of
learning for interns like us is interaction with the judges and lawyers who are involved in the
day to day handling of the cases. But sadly they are, due to their busy schedule, not able to give
much time to us to share with us their valuable tips and advices. Whenever we got a chance to
communicate with them it was for less than a minute and such conversation usually was
confined to pleasantries and not much beyond that. So the lack of opportunity to communicate
with them is a great limitation for an intern like me.

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METHODOLOGY
As with any kind of learning various tools or methods has to be used by an intern to gain as
much knowledge and experience. As a law intern the challenges is even more daunting and as
such various ways has to be devised to gain meaningful knowledge. But since I am a first year
student, the methods that could be adopted by me were limited. So the methods adopted by
me, for my first internship, are traditional in nature. Methodology which I have used for
achieving my objectives are as follow:-

Court visits
Research
Conversation with lawyers and judges
Guidance of faculty guide

1) Court visit: - The most important of all the methods is court visit. It is the place where
actual application of law takes place. The majority of this report is based on my
knowledge and experience gained through court visit. Visiting the court daily or some
time twice in a week helped me in achieving my objectives of knowing about the court
procedure and hierarchy of the court. Here I got to learn about the different kinds of
court. Visit was shown me how a case presented before the court by the lawyers, how
prosecutor fight a case on behalf of the state. It was a good experience to actually see
the application of various laws which I have learned in theory. While going to the court
and attending or hearing different type of case made me aware the different court
procedure starting from the filling of the case to final judgments of the case.
Court visit helped me learn about the different types of courts like courts for SADA
cases, POCSO cases, divorce cases and motor vehicle cases. These are not possible to
learn in class room. Moreover court visit help us come face to face with the criminals
and victims. This really changes our perspective about them. It is not what is shown in
television and movies. These really help us in understanding the human side of law.

2) Research work:-
Another very important aspect of legal training is the ability of the student to do
research. It helps us know in depth about a problem and also make us aware about
various related laws, regulation and rules, research also help us in identifying the
problem at hand and to look for multiple solutions for it. We also get to know and study
about Acts and laws which are not a part of our curriculum. So while doing research I

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came to know across local laws of the Sikkim like SADA, Property law and even
important central Act like POCSO.

3) Guidance of faculty guide: - This was the most important method that got me to
achieve objectives, during the complete internship my internship guide helped me every
possible way to make understand the practical functioning of law. He gave me the ideas
and techniques of research work and how to study case laws. And also he shared his
personal experiences which were really informative for me
4) Conversation with lawyers and judges: - Even though this method was the least
beneficial, as stated earlier the judges and lawyers hardly had time for us. However
whatever little conversation I had conversation with judges and lawyers was very
informative. The judges and lawyers had very tight schedule even though they managed
and gave their valuable time to us just for giving ideas regarding court proceedings and
for discussing about different case and told us each and every case has different stage
i.e. Order case, substance of accused, prosecution evidence etc. and it was helped us to
understand the cases.

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List of cases attended and observed by me in the District Court of Gangtok, East
Sikkim

Most of the cases that I attended were at various stages of trial and it was very difficult to get
the facts, arguments etc of the case. So I have catalogued the cases according to the date in
which I had attended it along with the name of the judge, parties and the court.

1) Date of visit:-1-5-2017
Court: - In the court of District & Session judge East Sikkim .
Name of the judge: - Miss Jyoti Kharka.
Name of the parties: - Palzor Lachungpa v/s Mamta Singh Cintury.
Case type: - Money Suit.
Case no: - 1/2017.

2) Date of visit: - 1-5-2017


Court: - In the court of District & session judge East Sikkim.
Name of the judge: - Miss Jyoti kharka
Name of the parties: - Amrita Pharda v/s Tulsi Das.
Case type: - MACT
Case no: - 29/2016
Stage: - Evidence on affirmation confirmation & cross examination.
Advocate: - R.C Sharma.

3) Date of visit: - 2-5-2017


Court: In the court chief judicial magistrate East& North Sikkim.
Name of the judge: - Mr Benoy Sharma.
Name of the parties: - State of Sikkim v/s Ranjit Tamang.
Case type: - G.R
Case no:-162/2015
Stage: - prosecution evidence.

4) Date of visit: - 2-5-2017


Court:-In the court of chief judicial magistrate East & North Sikkim.
Name of the judge: - Mr. Benoy Sharma.
Name of the parties: - State of Sikkim v/s Sangay Bhutia.
Case type: G.R
Case no:-391/2011
Stage: Substance of accusation
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5) Date of visit: - 2-5-2017
Court: - In the court judicial magistrate 1st class chungthang sub division North Sikkim.
Name of the judge: - Miss Bebika Chettri
Name of the parties: - State of Sikkim v/s Laxma Sharma@ Deepesh
Case type: - G.R
Case no: - 185/2015
Stage: - examination of I.O

6) Date of visit: - 2-5-2017


Court: - In the court of District & Session judge special Division I at Gangtok
Name of the judge: - Mr. Prajwal Khatiwara
Name of the parties: - State of Sikkim v/s Trilochand Kapoor Sharma.
Case type:-S.T (vig)
Case no: 1/2014
Stage:P.W.s

7) Date of visit: - 3-5-2017


Court: In the court of District & Session judge East Sikkim.
Name of the judge: - Miss Jyoti Kharka
Name of the parties: - State of Sikkim v/s Bhola Rai.
Case type:-S.T (SADA)
Case no:-69/2016.

8) Date of visit: - 5-5-2017


Court: - In the court of Judicial Magistrate 1st class Chungthang North Sikkim.
Name of the judge: - Miss Bebika Chettri
Name of the parties: - State of Sikkim v/s Sangay Chopel Bhutia.
Case type: - G.R
Case no:-430/2014
Stage: - Examination of the accused u/s 313

9) Date of visit:-11-5-2017
Court:-In the court of chief Judicial Magistrate East & North Sikkim
Name of the judge: - Mr.Benoy Sharma
Name of the parties: - Pema Choden Bhutia v/s Kusang Tshring Tamang.
Case type:-pvt. Complaint
Case no: - 8/2016

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Stage: - cross examination of victim
Advocate: - Miss. Pema Choden

10) Date of visit: - 12-5-107


Court: - In the court of District & Session judge East Sikkim.
Name of the judge: - Miss jyoti kharka
Name of the parties: - Ms Himalayan Distilleries Ltd v/s Ms. Dream bar marketing (A) pvt. Ltd
& another.
Case type: - Money suit
Case no: - 810/2013
Stage: - cross examination of Plainttiff
Defendant Advocate:- Shri. Jorgay Namka
Plaintiff Advocate:- Miss Zolga Negi.

11) Date of visit: - 17-5-2017


Court: - In the court of chief Judicial Magistrate East & North Sikkim .
Name of the judge: - Mr. Benoy Sharma
Name of the parties: - Shriram Transport Financial w. Ltd v/s BikashPrasad.
Case type: - pvt.compaint
Case no: - 51/2014
Stage: - order
Advocate: - R.C Sharma.

12) Date of visit :- 22-5-2017


Court :- In the court of civil judge cum Judicial magistrate East Sikkim .
Name of the judge:- Miss Ranjeeta Pradhan
Name of the parties:- State of Sikkim v/s Kamal Bahadur Bishwakarma.
Case type:- G.R
Case no:-313/2015
Stage :- judgment

13) Date of visit: - 25-5-2017


Court: - In the court of Chief Judicial Magistrate East & North Sikkim
Name of the judge: - Mr. Benoy Sharma
Name of the parties: - State of Sikkim v/s Pawan Kumar Agrarwal.
Case type: - G.R
Case no:-406/2016
Stage: - charge

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14) Date of visit:-6-6-2017
Court: - In the court of civil judge cum Judicial Magistrate East
Name of the judge:-Miss Ranjeeta Pradhan
Name of the parties: - State of Sikkim v/s Brij Mohan Jha
Case type: - G.R
Case no.284/2015
Stage: - cross examination of victim

15) Date of visit: - 19-5-2017


Court: - In the court of District & Session judge East Sikkim .
Name of the judge: - Miss Jyoti Kharka
Name of the parties:-State of Sikkim v/s Kittu Biswakarma
Case type:-S.T (SADA)
Case no.26/2017
Stage: - hearing on charge

16) Date of visit: - 18-5-2017


Court: - In the court of District & Session Judge Special Division-I
Name of the judge: - Prajwal Khatiwara
Name of the parties: - Meena Lama ors v/s Sem Sodeum Wangdi & ors
Case type: - Title Suit
Caseno: - 3/2015
Stage:-Filling List of the witnesses by the parties.

17) Date of the visit: - 18-5-2017


Name of the judge: - Mr. Benoy Sharma
Court:-In the court of Chief Judicial Magistrate East & North.
Name of the Parties: - State of Sikkim v/s Bipen Lama.
Case type: - G.R
Case no:-54/2014
Stage: - Argument

18) Date of visit:-12-5-17


Court:-In the court of District & Session judge Special Division-I
Name of the judge: - Mr. Prajwal Khatiwara
Name of the parties: - Durga Rai v/s Damber Singh Rai.
Case type:-F.C (crl)

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Case no:-12/2017
Stage: - Appearance of Respondent/ Further oder.

19) Date of visit: - 6-5-2017


Court:-In the court of District &Session judge East Sikkim
Name of the judge: - Miss Jyoti Kharkar
Name of the parties: - Passang Lamu Sherpa v/s United I. insurance c.Ltd.
Case type: - MACT execution
Case no:-3/2016

20) Date of visit: - 6-5-2017


Court:-In the court of District & Session Judge East Sikkim.
Name of the judge: - Miss Jyoti Kharka
Name of the parties: - Ankit Sardar v/s Bijay Agarwal
Case type: - Money Suit
Case no.8/2015

21) Date of visit: - 8-5-2017


Court: - In the court of Chief Judicial Magistrate East & North.
Name of the judge:-Mr.Benoy Sharma
Name of the parties:- Kailash Agarawal v/s Ramesh Sharma.
Case type: - pvt. Complaint
Case no:-7/2017
Stage: - Eaxmination of I.O
Advocate: - Ajay Rathi.

22) Date of visit: - 5-5-2017


Court: - In the court of Judicial Magistrate 1st class Chungthang Sub Division North Sikkim.
Name of the judge:-Miss Bebika Chettri.
Name of the parties:-S.B.I, Tadong v/s Naina Thapa.
Case type:- Money Suit.
Case no:-27/2016

23) Date of visit: - 3-5-2017


Court: - In the court of District & Session judge East Sikkim .
Name of the judge: - Miss Jyoti Kharka
Name of the parties: - S.B.I, Tadong v/s Bijay Pradhan
Case type: - civil Exe.

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Case no:-20/2015
Advocate: - Jai Kishan Chandal

24) Date of visit:-


Court: - In the court of District & Session Judge Special Division-I
Name of the judge:- Prajwal Khatiwara
Name of the case:-Dorjee Doma Bhutia v/s Karma Doma Bhutia.
Case type:-F.C (civil)
Case no:-119/2016
Stage: - Filing of the reply by the Respondent.

25) Date of visit: - 22-5-2017


Court: - In the court of civil Judge Cum Judicial Magistrate
Name of the judge: - Miss Ranjeeta Pradhan
Name of the parties:-Mukesh Kumar Yadav v/s state of Sikkim.
Case type:-Crl.m.crel
Case no:-90/2017
Stage: - Hearing

26) Date of visit-8-5-2017


Court:- In the court of District & Session Judge East Sikkim .
Name of the judge:-Miss Jyoti Kharka
Name of the parties: - Hari Bahadur v/s Union of India
Case type:-MACT
Case no.39/2016
Stage:-Filing of w.o
Advocate:-Ajay Rathi

27) Date of visit:-11-5-2017


Court: - In the court of District & Session Judge East Sikkim.
Name of the judge: - Miss Jyoti Kharka
Name of the parties: - Puspa Tamang v/s General Public
Case type: - civil.c.succ.
Case no:-12/2017
Stage: - Written Objection
Advocate:-Ugen D.Bhutia

28) Date of visit:-11-5-2017

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Court: - In the court of Chief Judicial Magistrate East & North.
Name of the judge:-Mr.Benoy Sharma
Name of the parties:-Sancha Bahadur Subba v/s Ramesh Sharma
Case type: - pvt. Complaint.
Case no:-30/2015
Stage:-Evidence.

29) IN THE COURT OF SPECIAL JUDGE

SIKKIM ANTI DRUGS ACT, 2006

EAST DISTRICT AT GANGTOK, EAST SIKKIM

DATED: 25.05.2017

PRESENT: MISS JYOTI KHARKA

S.T. (SADA) CASE NO.32 OF 2015

State of Sikkim

..Prosecution

- Versus

Shulav Rai

..Accused Person

FACT OF THE CASE and the JUDGMENT:-

The accused, name above, faced trail for the offences under section 7 (a) read with section 14
and section 9 (d) of the Sikkim Anti Drugs Act, 2006 ( hereinafter referred to as the SADA, 2006
) in connection with Ranipool Police Station Case No. 2/2015 dated 23.01.2015.

However after the hearing and presentation of evidences the learned judge found the accused
person not guilty and acquitted him of the said accusation.

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30) IN THE COURT OF DISTRICT AND SESSIONS JUDGE

Civil Exe./12/2016

1. Tak Took
Bhutia Sajong
Rumtek.

Vrs
1. Suren Kumar Lamichaney

Badge No.06120,Sikkim Police Dept. Mangan

05.04.2017

At the outset, Ld. Counsel for the Decree Holder verbally submits that Judgment Debtor has
handed over post dated cheque bearing No. 044245 dated 21.04.2017 of ICICI Bank, Gangtok
Branch for an amount of Rs.3,10,000/-.

Ld. Counsel further submits that although the decreed amount along with the interest
comes to Rs.4,26,100/-, however, the Decree Holder is satisfied with the said post dated
cheque for the amount of Rs.3,10,000/- handed over by the Judgment Debtor today.

In view of the above, Civil Execution Case No. 12 of 2016 (Tak Took Bhutia v.

Suren Kumar Lamichaney) stands disposed of.

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LOCAL AND CENTRAL ACTS RESEARCHED DURING THE COURSE OF INTERNSHIP

In the course of Internship I came across some local laws of Sikkim and some central Acts,
which are not a part of our curriculum. The most prominent of the local law under which most
of the criminal cases were being heard was the SIKKIM ANTI DRUGS ACT, 2006. Some of the
important provisions of the said Act are as follows:

OFFENCES AND PENALTIES UNDER SADA , 2006.

9. Whoever, contravenes any provision of this Act or any rule or any order made there under
shall be punishable

(a) where the contravention is by the licensed dealers, with suspension or cancellation of
the license, or with imprisonment for a term which may extend to six months, or with fine
which may extend to twenty thousand rupees, or with all;

(b) where the contravention involves use or consumption of the controlled substances,
without valid medical prescription, by any means/route of intake, in any chemical form, such
person shall undergo with compulsory detoxification, and to be followed by rehabilitation and
also will remain under observation/probation, and such person shall also be liable to pay a fine
which may extend to ten thousand rupees, if the user is young, unmarried or unemployed;

(c) where the contravention involves a person who is a State Government employee, or an
employee in an Organization or Undertaking under the State Government, such person shall be
liable to imprisonment which may extend to six months, and also liable to pay a fine which may
extend to twenty thousand rupees. Further, such person shall also be liable to dismissal from
service;

(d) where the contravention involves a person using a mode of transport or any other form
of conveyance, either inter-State or intra-State, such person shall be liable to imprisonment for
a term which may extend to five years or with fine which may extend to one lakh rupees, or
with both, and the vehicle as used, shall be liable to be seized and confiscated, which may be
released on payment of twenty thousand rupees;

(e) Where the contravention involves the manufacturer of controlled substances, such
person shall be liable to imprisonment which may extend to three years or with fine which may
extend to fifty thousand rupees, or with both;

(f) Where a person who has been convicted for an offence under this Act and if such
person is unemployed, such conviction shall be a disqualification for employment under the
State Government.

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10. Whoever, being the owner or occupier or having the control or use of any house, room,
enclosure, space, place, animal or conveyance, knowingly permits it to be used for the
commission by any other person of an offence punishable under any provision of this Act, shall
be punishable with imprisonment which may extend to one year or with fine which may extend
to fifty thousand rupees, or with both.

11. Whoever indulges in financing, directly or indirectly, any of the activities specified in
clause (vi) of Section 2 or harbors any person engaged in any of the aforementioned activities,
shall be punishable with imprisonment for a term which shall not be less than two years or with
fine which shall not be less than one lakh rupees:

Provided that the court may, for reasons to be recorded in the judgment, impose a fine
exceeding one lakh rupees

12. Whoever abets, or is a party to a criminal conspiracy to commit an offence punishable


under this chapter, shall, whether such offence be or be not committed in consequence of such
abetment or in pursuance of such criminal conspiracy and notwithstanding anything contained
in Section 116 of the Indian Penal Code, punishable with punishment provided for the offence.

13. If any person who has been convicted of the commission of, or attempt to commit, or
abetment of, or criminal conspiracy to commit, an offence punishable under this Act with the
same amount of punishment shall be punished for the second and every subsequent offence
with rigorous imprisonment for a term which may extend to twice the maximum term of
punishment, and also be liable to fine which shall extend to twice the maximum amount of fine:

Provided that the court may, for reasons to be recorded in the judgment, impose a fine
exceeding the fine for which a person is liable.

14. Whoever contravenes any provisions of this Act or any rule or order made there under
for which no punishment is separately provided in this chapter, shall be punishable with
imprisonment for a term which may extend to six months, or with fine which may extend to
twenty thousand rupees, or with both.

15. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any
other law for the time being in force, no sentence awarded under this Act (other than Section 7
(b) ) shall be suspended, remitted or commuted.

16. (1) In any prosecution for an offence under this Act which requires a culpable mental
state of the accused, the court shall presume the existence of such mental state but it shall be a
defense for the accused to prove the fact that he had no such mental state with respect to the
act charged as an offence in that prosecution.

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Explanation: In this section culpable mental state includes intention, motive, knowledge of a
fact and belief in, or reason to believe a fact.

(2) For the purpose of this section, a fact is said to be proved only when the court believes it to
exist beyond a reasonable doubt and not merely when its existence is established by a
preponderance of probability.

17. (1) The Government may, for the purpose of speedy trial of the offences under this Act,
by notification in the Official Gazette, in consultation with the High Court of Sikkim, designate a
Court of District and Sessions Judge as the Special Court for the purpose of trial of the offences
under this Act.

(2) A special court shall consist of a single Judge who shall be appointed by the Government
with the concurrence of the Chief Justice of the High Court.

(3) Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure.
1973 (including the provisions as to bail and bonds) shall apply to the proceedings before a
special court and for the purposes of the said provisions, the special court shall be deemed to
be a Court of Session and the person conducting a prosecution before a special court, shall be
deemed to be a Public Prosecutor.

No prosecution under this Act shall be instituted except by a Gazetted Officer or an officer not
below the rank of Deputy Superintendent of Police.

18. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973

(a) every offence punishable under this Act shall be cognizable;

(b) No person accused of an offence punishable under this Act shall be released on bail or
on his own bond unless

(i) The Public Prosecutor has been heard and also given an opportunity to oppose the
application for such release, and

(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are
reasonable grounds for believing that he is not guilty of such offence and that he is not likely to
commit any offence while on bail.

(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in
addition to the limitations under the Code of Criminal Procedure, 1973 or any other law for the
time being in force on granting of bail.

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19. (1) When an addict is found guilty of an offence punishable under Section 9 (b) and if
the court by which he is found guilty is of the opinion, regard being had to the age, character,
antecedents or physical or mental condition of the offender, that it is expedient so to do,
notwithstanding anything contained in this Act or any other law for the time being in force, the
court may, instead of sentencing him at once to any imprisonment, with his consent, direct that
he be released for undergoing medical treatment for detoxification or de-addiction from a
hospital or an institution maintained or recognized by the Government, and to appear and
furnish before the court within a period not exceeding six months, a report regarding the result
of his medical treatment and, in the meantime, to abstain from the commission of any offence
under Chapter IV.

(2) If it appears to the court, having regard to the report regarding the result of the medical
treatment furnished under sub-section (1), that it is expedient so to do, the court may direct
the release of the offender after due admonition, and for abstaining from the commission of
any offence under Chapter IV during such period as the court may deem fit to specify or on his
failure so to abstain, to appear before the court and receive sentence when called upon during
such period.

Salient features of the POCSO ACT 2012

Protection of Children from Sexual Offences Act

In order to effectively address the heinous crimes of sexual abuse and sexual exploitation of
children through less ambiguous and more stringent legal provisions, the Ministry of Women
and Child Development championed the introduction of the Protection of Children from Sexual
Offences (POCSO) Act, 2012.

The Act defines a child as any person below eighteen years of age, and regards the best
interests and well-being of the child as being of paramount importance at every stage, to
ensure the healthy physical, emotional, intellectual and social development of the child.

It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as
well as sexual harassment and pornography, and deems a sexual assault to be aggravated
under certain circumstances, such as when the abused child is mentally ill or when the abuse is
committed by a person in a position of trust or authority vis--vis the child, like a family
member, police officer, teacher, or doctor.

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People who traffic children for sexual purposes are also punishable under the provisions
relating to abetment in the Act. The Act prescribes stringent punishment graded as per the
gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine.

Punishments for Offences covered in the Act

Penetrative Sexual Assault (Section 3) on a child Not less than seven years which may extend
to imprisonment for life, and fine (Section 4)

Aggravated Penetrative Sexual Assault (Section 5) Not less than ten years which may extend
to imprisonment for life, and fine (Section 6)

Sexual Assault (Section 7) i.e. sexual contact without penetration Not less than three years
which may extend to five years, and fine (Section 8)

Aggravated Sexual Assault (Section 9) by a person in authority Not less than five years
which may extend to seven years, and fine (Section 10)

Sexual Harassment of the Child (Section 11) Three years and fine (Section 12)

Use of Child for Pornographic Purposes (Section 13) Five years and fine and in the event of
subsequent conviction, seven years and fine Section 14 (1)

Provisions related to conduct of trial of reported offences

The Act provides for the establishment of Special Courts for trial of offences under the Act,
keeping the best interest of the child as of paramount importance at every stage of the judicial
process The Act incorporates child friendly procedures for reporting, recording of evidence,
investigation and trial of offences. These include:

Recording the statement of the child at the residence of the child or at the place of his choice,
preferably by a woman police officer not below the rank of sub-inspector.

No child to be detained in the police station in the night for any reason.

Police officer to not be in uniform while recording the statement of the child.

The statement of the child to be recorded as spoken by the child.

Assistance of an interpreter or translator or an expert as per the need of the child.

Assistance of special educator or any person familiar with the manner of communication of the
child in case child is disabled

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Medical examination of the child to be conducted in the presence of the parent of the child or
any other person in whom the child has trust or confidence.

In case the victim is a girl child, the medical examination shall be conducted by a woman
doctor. 13. Frequent breaks for the child during trial. Child not to be called repeatedly to testify
No aggressive questioning or character assassination of the child in-camera trial of cases.

The Act recognizes that the Intent to commit an offence, even when unsuccessful for whatever
reason, needs to be penalized.

The attempt to commit an offence under the Act has been made liable for punishment for upto
half the punishment prescribed for the commission of the offence.

The Act also provides for punishment for abetment of the offence, which is the same as for the
commission of the offence.

The Act makes it mandatory to report commission of an offence and also the recording of
complaint and failure to do so would make a person liable for punishment of imprisonment for
six months or / and with fine. 18.1t is a Punishable action if Police / Special Juvenile Police Unit
fails to report a commission of the offence under this act [Section- 2141)]

For the more heinous offences of Penetrative Sexual Assault, Aggravated Penetrative Sexual
Assault, Sexual Assault and Aggravated Sexual Assault, the burden of proof is shifted to the
accused. This provision has been made keeping in view the greater vulnerability and innocence
of children.

To prevent misuse of the law, punishment has been provided for making false complaint or
proving false information with malicious intent. Such punishment has been kept relatively light
(six months) to encourage reporting. If false complaint is made against a child, punishment is
higher (one year) (Section 22).

The media has been barred from disclosing the identity of the child without the permission of
the Special Court. The punishment for breaching this provision by media may be from six
months to one year (Section 23).

For speedy trial, the Act provides for the evidence of the child to be recorded within a period
of 30 days. Also, the Special Court is to complete the trial within a period of one year, as far as
possible (Section 35).

To provide for relief and rehabilitation of the child, as soon as the complaint is made to the
Special Juvenile Police Unit (SJPU) or local police, these will make immediate arrangements to
give the child, care and protection such as admitting the child into shelter home or to the

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nearest hospital within twenty-four hours of the report. The SJPU or the local police are also
required to report the matter to the Child Welfare Committee within 24 hours of recording the
complaint, for long term rehabilitation of the child.

The Act casts a duty on the Central and State Governments to spread awareness through
media including the television, radio and the print media at regular intervals to make the
general public, children as well as their parents and guardians aware of the provisions of this
Act.

Where an act or omission constitutes an offence punishable under this Act and also under
sections 166A, 354A, 354B, 354C, 354D, 370,370A, 375, 376, 376A, 376C, 376D, 376E or section
509 of the Indian Penal Code (45 of 1860),then, notwithstanding anything contained in any law
for the time being in force, the offender found guilty of such offence shall be liable to
punishment under this Act or under the Indian Penal Code as provides for punishment which is
greater in degree."

The Provisions of this Act is in addition to and not in derogation of any other provisions of any
other Law. In case of any consistency the provisions of this act will have an overriding effect on
any other provisions.

The POCSO Act is only applicable to child survivors and adult offenders. In case two children
have sexual relations with each other, or in case a child perpetrates a sexual offence on an
adult, the Juvenile Justice (Care and Protection of Children) Act, 2000, will apply.

Duties of the Police as Specified in POSCO Rules 2012

As per Rule 4(1) of the Protection of Children from Sexual Offences Rules 2012 when Police
receive information of an offence committed or attempted or likely to be committed it is the
duty of the Police Official to provide to the complainant: (i) Name and Designation (ii) Address
and Telephone number (iii) Name, Designation and contact details of the officer who supervises
him.

As per Rule 4(2) of the Protection of Children from Sexual Offences Rules 2012 when Police
receive information of an offence committed or attempted or likely to be committed it is the
duty of the Police Official to :

Register an FIR

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Provide a copy of the FIR to the complainant

If the Child is in medical emergency arrange for the same immediately without delay

Take the child to the Hospital accompanied by parents or any person the child trusts

Ensure sample collection for forensic examination

Inform the child and his parents about a support person , legal advice and right to be
represented by a lawyer

As per Rule 4(3) of the Protection of Children from Sexual Offences Rules 2012 when a child is
exploited by a person in the family, shared household or in shelter home and it is found out
that the child is without parental support or without home the SJPU or Police will produce the
child before the Child Welfare Committee within 24 hours with reasons in writing that the child
in in need of cars and protection and request for a detailed assessment by the Child Welfare
Committee. After making a detailed assessment and as per Rule 4(7) the Child Welfare
Committee will provide a support person to the child.

As per Rule 4(9) of the Protection of Children from Sexual Offences Rules 2012 the Police
shall within 24 hours inform the Special Court of the support person provided to the child in
writing.

As per Rule 4(11) of the Protection of Children from Sexual Offences Rules 2012 the Police
shall inform the parents , support person, guardian as the case may be about the developments
of the case arrest of the accused and details of various application filed.

As per Rule 4(12) of the Protection of Children from Sexual Offences Rules 2012 the Police
shall inform the parent or support person or guardian the following :

Availability of medical Services

Procedural steps involved in Criminal Prosecution

Availability of victim compensation

Arrest of the offender

Filing of Charge against the offender

Dates of court proceedings

Bail or release of the Offender

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Rendering of verdict

Sentence imposed on a an offender

As per Rule 5(3) of the Protection of Children from Sexual Offences Rules 2012 no medical
practitioner shall demand any legal or magisterial requisition or other documentation as a
prerequisite to rendering medical care.

It is a Punishable action if Police / Special Juvenile Police Unit fails to report a commission of
the offence under this act [Section - 21 - (1) Protection of Children from Sexual Offences Act
2012 ]

If a Police Officer fails to register a case or take cognizance of the offence under Section 326-
A, Section 326-B , Section 354,Section 354B, Section 370,Section 370-A, Section 376,Section
376- A,Section 376-B, Section 376-C,Section 376-D, Section 376-E Indian Penal Code is
punishable offence. [Section 166 - A Indian Penal Code.

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RECOMMENDATIONS
As an intern I felt that there can be steps that may be taken to make our internship even more
fruitful and productive. So I would like to lay down some of the suggestions or
recommendations which I feel may be helpful in future.
Attending cases
Interaction with lawyers and the judges
Research work
Division of duration
High court visit
Observance of in camera trial

1) Attending cases:- In order to become a capable advocate it is necessary for us to


observe the case and this will only happen if we visit the court at least 3 days in a week and 3
weeks in a month because it will increase our knowledge about court procedure what we have
studied in a classroom, also it will give us ideas, techniques how to handle the different type of
case i.e. civil, criminal cases. This will also help us for our mooting skills on how to present
arguments and how to interact with the judges. Attending the cases help us in understanding
about the court proceedings in realty. Its my personal experience so, I would to suggest that
the students should visit the court and attend the case as it will definitely help them to become
a good lawyer in future.

2) Interaction with lawyers and the judges: - We can make our internship more interesting
if we interact with lawyers and the judges not only with lawyers and the judges we can interact
with client also and make a healthy discussion regarding cases this will improve our
communication skills too, because having a good communication with public is very essential
for us. Being a lawyer we must have good listing skill then only can able to understand the
problems. Once we understand the problem then we can able to prepare our arguments. So I
must say as a law student we should communicate with peoples related to various court
proceedings.

3) Research work:- Every law student must be able to read, analyze the problem regarding
the cases and Acts so, in order to get the solution for all the problems first we must do research
i.e. going through different law books, legal articles, newspaper, website and going through
various decided cases. It will enhance our research techniques and make us aware about laws,
current happening changes in law etc. The material that we get from researching is the most
important weapons for us to prepare for the case in hand.

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4) Division of duration: - I believe that if we can divide 8th weeks of internship into 6th
weeks of internship and 2 weeks of examination cum discussion of our work by the faculties in
the university. As it will help us segregate the relevant material from unwanted materials,
which will help us in making our final report in a better way.
5) High court visit:- if possible student should also be exposed to the proceedings being
conducted the high court of the state as I come to know that the proceedings in the high court
are more formal and elaborate than in the lower court.

6) Observance of in camera trial: - Intern should be allowed to observe POCSO and sexual
assault cases under oath that they will neither publish or reveal the names of the parties (
victim ) or fact of the case. For it until will be a vital training for an intern to deal with such
cases in the future.

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CONCLUSION
This was my first experience of visiting the court at District Court Gangtok, East Sikkim as an
intern. Within these two months I was able to learn a lot about the court procedure and
judiciary system.

I observed that in the district court there are different court rooms were dealing with different
type of cases in some of the court only cases related to family were tried while in some court
room only related to POCSO Act were tried. But the most of the case that came to the district
court were related to SADA case, money suit and other criminal cases. For the first time when I
entered into the court room where there was a trail hearing and I noticed the atmosphere
inside the court room was quite and calm. Everyone was doing their duty properly. Nobody was
allowed to talk on phone in front of the magistrate. Everybody has to pay due respect to the
judge while entering to the court room.

During my internship at district court I had the privilege to attend various case such as such as
circumstantial evidence case ,MACT and most importantly had the opportunity to witnessed
how a cross examinations is under taken by the lawyers. Due to this reason I was able to collect
so many information regarding the practical application of law. While doing intern in District
court I found that most of the lawyers try to adjourned the case sometime due to lack of proper
investigation or lack of witness and sometime appeal of the lawyer himself. During my visit to
the District court the judgment delivered by the judge in only a few cases.

After noticing everything and experiencing so many things and attainting the hearing in the
court I acquired some of the basic ideas relating to the practical application of the law. After
completing my 2 months internship somewhere I felt that this internship was truly a good
learning.

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BIBLIOGRAPHY
Books referred:-
1) Rao, Dr Rega Surya Lectures on Criminal Procedure Code (Asia Law House
Hyderabad) 2nd Edition, Reprint 2014.
2) Singh, Dr Avtar , Principal of the law of Evidence As amended by the criminal law
(amendment) Act, 2013 (Central Law Publications) 21st Edition.
3) K.D, Guar , Indian Penal Code (Universal Law Publication co.) 5 Edition (amendment)
Act, 2013, Reprint 2015.
4) Dr. S.N Shukla, Transfer of Property Act (Allahabad Law Agency) 22nd Edition.
5) R.K, Bangia, Contract-II (Allahabad Law Agency) Edition 2009, Reprint, 2011.

Acts referred:-
1) Sikkim Anti Drugs Act, 2006.
2) Motor Accident Claim Tribunal Act, 1988.
3) Protection of children from sexual offences Act, 2012.

Newspaper referred:-
1) Sikkim Express.
2) The Telegraph
3) The Hindustan Times

Websites Visited:
1) https://en.wikipedia.org/
2) http://vikaspedia.in/education/policies-and-schemes/protection-of-children-from-
sexual- offences-act (Visited on 15-06-17)
3) http://districtcourtsnamchi.nic.in/acts.html (Visited on 17-06-17)
4) www.highcourtofsikkim.nic.in/(Visited on 17-06-17)
5) www.services.ecourts.gov.in (Visited on 17-06-17)

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