Kathmandu, Jul 19: The Patan High Court has released the full text of the judgment in the rape case against cricketer Sandeep Lamichhane, stating that he will be acquitted due to lack of sufficient evidence and grounds.

The decision, made by a joint bench of Judges Sudarshandev Bhatt and Anju Upreti Dhakal on May 2, emphasizes that the acquittal was due to the lack of corroborative evidence to support the prosecution’s claims.

Key Points from the Verdict:

1. Lack of Conclusive Evidence:
– The verdict cites the denial statements made by Sandeep Lamichhane during the investigation and in court.
– It references messages sent by the victim (identified as Gaushala 26), her physical examination report, the scene of the incident, and the incident report from Kathmandu Inn Hotel.
– Statements from security guard Rajan Rana and other circumstantial evidence did not confirm that Lamichhane committed the alleged offense.

2. Victim’s Actions:
– The verdict notes that the victim did not resist, shout, scream, or seek help from a third person for self-defense.
– The court observed that the victim did not show signs of distress that would typically be associated with such an incident.

3. Financial Motive:
– The court found it implausible that the victim asked Lamichhane for financial protection and later accused him of a heinous crime when he did not comply.
– It was noted that the victim went to Kenya without seeking help from Lamichhane.

4. Timeline and Behavior:
– The court found discrepancies in the timeline, noting that the victim willingly got into Lamichhane’s car and traveled to Nagarkot.
– It was also noted that the victim stayed at a hotel with Lamichhane and returned to her hostel the next day without indicating distress.

5. Inconsistencies with District Court’s Decision:
– The Patan High Court found the District Court’s decision inconsistent, particularly the claim that Lamichhane took advantage of the victim’s poor financial condition.

6. Acquittal Basis:
– The court acquitted Lamichhane, emphasizing the lack of concrete evidence and the victim’s behavior that did not align with the prosecution’s narrative.
– It was noted that the victim’s actions, such as not resisting and returning to meet Lamichhane after a significant time, did not support the claim of rape.

Background:

– A complaint was filed against Sandeep Lamichhane on August 21, 2079, for allegedly raping the victim (Gaushala 26).
– Lamichhane was arrested at Tribhuvan International Airport on October 20, 2018.
– The Kathmandu District Court had initially sentenced him to eight years in prison, along with a fine and compensation of five lakhs.
– Lamichhane appealed to the Patan High Court, which subsequently acquitted him after reviewing the case.

The full text of the judgment underscores the necessity of concrete evidence to substantiate claims of such serious offenses and highlights the importance of a thorough and unbiased judicial process.