After the High Court Patan acquitted cricketer Sandeep Lamichhane in the rape case, the victim girl 'Gaushala-26' (code name) has filed a petition in the High Public Prosecutor's Office, Patan, asking the latter not to appeal against the High Court's decision.
In the petition, she writes, "Since the case was filed, various individuals and organizations have capitalized on the case’s impact on my psychological and social well-being by spreading false information about the defendant and exerting pressure on me. Respecting the grounds taken by the honorable court in its decision, as my priority is to live my life without fear and peace, I humbly request that the case be dismissed."
Will the government prosecutor drop the case on the basis of the petition? Will the process of moving the Supreme Court be halted against the decision of the High Court which found Sandeep guilty and sentenced him to 8 years in prison?
When Nepalkhabar inquired about this matter, Surya Raj Dahal, spokesperson for the Office of the Attorney General (OAG), said that such a petition has no legal basis.
According to him, in a criminal case, the victim may or may not be a complainant. Regardless of whether a complaint is lodged, victims are relegated to merely the roles of informants or government witnesses.
Spokesperson Dahal went on to say, "The process of criminal justice will proceed automatically in line with the existing law. We do not make decisions based on what someone tells us to do."
Dahal says that in the case of Gaushala-26, the decision of the public prosecutor will not be affected based on her application. "Judicial decisions are made based on the facts, evidence, and relevant grounds taken by the court, legal provisions, etc. in the case," he said, "such petitions lack legal basis and significance."
Addressing rape is the responsibility of the government. The government fights the case on behalf of the victims. It is the public prosecutor who decides whether or not to prosecute a case against an accused person, whether to appeal to the higher court against the decision of the lower court.
Gaushala 26 had filed a rape complaint against Sandeep at Police Circle, Gaushala on September 6, 2022.
Sandeep was apprehended upon his arrival at Tribhuvan International Airport (TIA) on October 5, 2022 after participating in Caribbean Premier League (CPL).
Kathmandu District Court on November 4, 2022 sent Sandeep to judicial custody to investigate the case.
Sandeep moved the High Court Patan against the decision of Kathmandu District Court.
On January 2, 2023, High Court Patan released Sandeep on Rs 2 million bail on the condition that he would not go abroad.
Sandeep moved the Supreme Court against the High Court’s decision. Hearing the writ, the Supreme Court on February 27, 2023, permitted Sandeep to travel abroad.
The High Court overturned the order of the district and released him on a bail of Rs 2 million. The High Court overturned it and ruled
Based on the police investigation, the public prosecutor filed a rape case against Sandeep in the Kathmandu District Court.
The main charge against Sandeep was the rape of a minor (under 18 years) girl. After conducting a preliminary hearing in the case, the Kathmandu District Court ordered Sandeep to be remanded in custody on October 25, 2022.
.
