Sikkim HC upheld the 10-year sentence of Rinzing Sherpa for the assault of a woman with disabilities, prioritizing victim testimony rights

News Citation : 2026 LN (HC) 331

April 29, 2026 : In a significant ruling emphasizing the legal weight of testimony from persons with disabilities, the High Court of Sikkim has upheld the conviction and 10-year prison sentence of Rinzing Sherpa for the sexual assault of a 25-year-old woman with multiple disabilities.

The Division Bench, comprising Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan, dismissed the appeal filed by Sherpa against a 2024 lower court judgment. The case centered on an incident from September 2022, where the victim who suffers from cerebral palsy and 70% mental retardation was assaulted near a school playground.

During the appellate proceedings, the defense argued that the victim had not explicitly named Sherpa in her testimony and pointed to perceived inconsistencies in the eyewitness account provided by the victim’s niece. However, Justice Pradhan, authoring the judgment, noted that a victim’s “silence” or inability to communicate in a conventional manner should not be mistaken for a lack of evidence. The Court asserted that as long as a witness with a disability meets the criteria for judicial confidence, their testimony is entitled to full legal weight.

The Court relied heavily on a combination of circumstantial and scientific evidence. Medical examinations conducted shortly after the incident confirmed severe physical injuries consistent with assault. Furthermore, forensic reports from the Regional Forensic Science Laboratory detected human blood on the victim’s samples, providing critical corroboration to the ocular testimony.

Sherpa, who had been working as a mason at the victim’s family home, was identified by multiple family members as being present at the scene. While the defense attempted to suggest the presence of other individuals, the Court found the prosecution’s timeline “overwhelmingly” confirmed Sherpa as the sole perpetrator.

In its closing remarks, the Bench noted that the judiciary must meticulously scrutinize evidence in cases involving differently abled victims, ensuring that “our inability to understand the victim’s language should not lead to a failure of justice.”

The Court confirmed the original sentence of 10 years of rigorous imprisonment and a fine of ₹25,000. Additionally, the Bench upheld the recommendation for ₹4,00,000 in compensation to be paid to the victim under the Sikkim Compensation to Victims Scheme.

Case Reference : Crl. A. No. 9 of 2024, Rinzing Sherpa vs. State of Sikkim, the appellant was represented by Legal Aid Counsel Ms. Gita Bista, while the respondent was represented by Additional Public Prosecutor Mr. Yadev Sharma.