KATHMANDU, July 20: The Patan High Court has released the full text of the judgment in the rape case against cricketer Sandeep Lamichhane, ruling his acquittal due to insufficient evidence and lack of basis.
The full text, delivered by the joint bench of Judges Sudarshandev Bhatta and Anju Upreti Dhakal on May 15, outlines that the verdict was based on a lack of conclusive evidence and legal grounds.
The full text of the verdict states, "Based on the grounds and reasons provided, it has not been proven that the defendant Sandeep Lamichhane committed the alleged offense as claimed in the indictment. This conclusion is drawn from the following: the defendant's denial statements during the investigation and in court, the messages sent by the person with the altered name 'Gaushala 26,' the defendant's physical examination report, his physical condition, the site inspection report of the incident, the testimony of Rajan Rana, the security guard of Kathmandu Inn Hotel where the incident allegedly took place, and the circumstantial evidence included in the case file."
Full text of court verdict says 'Lamichhane took advantage of v...
The verdict mentions that it was not observed that the victim resisted, shouted, screamed, or sought any help from a third party for self-defense. Likewise, the court's opinion is that the facts of the presented case support the principle established by the Supreme Court, which states that sexual intercourse between consenting adults should not be considered rape unless it is against the will of one of the parties.
The full text of the verdict states, "It is also observed that the victim sought financial support from the defendant, and the defendant promised to help later but went to Kenya without providing any assistance. This sequence of events suggests that, in a fit of anger, the victim might have filed a complaint against the defendant for such a heinous crime. This fact cannot be outright dismissed."
The verdict mentions that, despite the victim's claim of rape, it was observed that the victim had reached the age of 18 at the time of the incident. The court found that the evidence, including the script of the CCTV footage, did not conclusively support the allegation of rape. The analysis of the events—such as the victim and defendant traveling from near the hostel to Nagarkot in the defendant's car, staying at Kathmandu Inn Hotel overnight, and the defendant dropping the victim back at her hostel the next day—did not substantiate the claim of rape. Thus, the court concluded that the circumstances did not support the charge of rape.
The verdict states, "It did not appear that the decision from the Kathmandu District Court, which considered the defendant a minor and ruled the act as rape, was consistent with the facts." The court also observed that the victim had sent a 'friend request' to the defendant, sent photos via 'Snapchat,' and expressed a desire to meet the defendant immediately, despite the defendant's plan to return after playing cricket abroad for two months. The court interpreted these actions as reasons for not validating the charge of rape against Lamichhane.
The verdict notes that Sandeep Lamichhane had come in a car, and the victim voluntarily got into the car. The victim did not resist during the trip to Nagarkot and when the defendant suggested they leave quickly because the hostel might close, the victim assured him that the hostel was always open. The court also mentioned that the fact that the defendant (Sandeep) had booked a hotel in Nagarkot was not proven. Based on these grounds, the court provided a clean acquittal for Sandeep.
Previously, on January 10, Judge Shishir Raj Dhakal at the Kathmandu District Court had sentenced Lamichhane to eight years of imprisonment, imposed a fine, and ordered compensation of Rs 500,000. The court had also determined that the defendant took advantage of the weak financial condition of Gaushala 26.
Lamichhane appealed against this decision at the Patan High Court, which led to his acquittal. Lamichhane was arrested on October 6, 2022, at International Tribhuvan Airport following a complaint filed on September 6, 2022, alleging rape. The court has now acquitted him in this case.
