The Trashiyangtse district court sentenced a 30-year-old man to 12 years in prison for the rape of a 13-year-old girl in Trashiyangtse early this month.
Background of the case:
On September 17, 2021, at around 9:15 pm, a doctor at the Trashiyangtse District Hospital reported to the Royal Bhutan Police (RBP) that a 13-year-old was escorted by her stepmother to the hospital with alleged rape by an unknown person.
The incident had happened on September 15, 2021, at around 4 pm in the uncle’s house of the victim. The complaint was accordingly registered with the RBP for further investigation.
Upon investigation, the RBP established inter alia the fact that the accused worked for the Bhutan Power Corporation at Buyang, Trashiyangtse.
On the day of the incident, the accused had gone to the supervisor’s house (uncle of the victim) at Trashiyangtse as they could not continue work due to the rain. When the uncle left for the town to buy Doma (areca nut and betel leaf), the victim came to her uncle’s house after school.
Having found that the uncle was not at home, the victim was about to leave for her home when the accused told him that the uncle should be back soon if she waited. He let her watch his phone and went out on the pretext of repairing the cable line. When the accused found that no one was around, he came in and raped her.
Charges against the defendant:
The Office of the Attorney General (OAG) charged the defendant for the rape of a child above 12 years of age according to sections 183 and 184 of the Penal Code of Bhutan. The OAG also claimed compensation to the victim as per section 202 of the Penal Code.
According to the Trashiyangtse dzongkhag court, the defendant confessed to the RBP that he had sexual intercourse with the victim.
The defendant made a criminal confession to all the charges made by the OAG according to sections 84 and 85 of the Evidence Act and admitted his guilt voluntarily as per section 195 of the CCPC (Civil and Criminal Procedure Code of Bhutan) to the court.
A medical report about the possibility of recent vaginal penetration further proved the confession of the accused beyond reasonable doubt as per section 96.2 of the CCPC of the defendant’s act.
The court convicted the defendant to be sentenced to 12 years imprisonment for the offense of rape of a child above 12 of age as per sections 183,184, and 9 of the Penal Code of Bhutan.
Additionally, the court also ordered the defendant to pay the damages of Nu 112,500 to the victim as per section 198 of the CCPC and section 38 of the Penal Code of Bhutan.
Tenzin Lhamo from Trashigang