Kathmandu District Court sentenced cricketer Lamichhane to eight years in prison

KATHMANDU, Jan 11: Cricketer Sandeep Lamichhane’s lawyer Saroj Krishna Ghimire is preparing to appeal in the High Court for justice, insisting that Lamichhane is not found guilty on any basis, reason, or evidence.

Kathmandu District Court has sentenced cricketer Sandeep Lamichhane to eight years in imprisonment in connection with a rape case. A single bench of Judge Shishir Raj Dhakal at the Kathmandu District Court sentenced Lamichhane to eight years in imprisonment. The bench also ordered the cricketer to pay a fine of Rs 300,000 and to pay Rs 200,000 compensation to the victim for psychological distress.

A hearing was scheduled on January 10 to determine the sentence of Lamichhane, who was found guilty in a rape case by the court on December 29. The court ruled that Lamichhane took advantage of the poor financial situation of the victim and raped her.

But Sandeep's lawyer Saroj Krishna Ghimire said, “He is going to appeal to the High Court for justice, insisting that Lamichhane is not found guilty on any basis, reason, or evidence.”

After debating in the Kathmandu District Court on Wednesday in favor of setting a minimum sentence for Lamichhane, he also argued that since Lamichhane himself is presenting the evidence that he is innocent, they have the right to appeal in the High Court demanding justice.

Ghimire made it clear that they participated in the debate regarding the punishment, demanding a lesser sentence, as they had to accept the decision of the respected district court in this regard. He said that considering Lamichhane's personality, the impact he has had on the sports, his good character, and his social responsibility, the punishment should be the minimum.

On September 6, a 17-year-old girl complained to Gaushala Police Station, accusing Lamichhane of raping her in a hotel room in Sinamangal. 

The District Court, Kathmandu had permitted to arrest Lamichhane on September 8.

The Cricket Association of Nepal (CAN) has also suspended him from the national squad following the issuance of an arrest warrant against him. He was in Kenya and returned to Nepal after the police issued an arrest notice to Interpol against him. Lamichhane surrendered to the police on October 6.

Earlier, the Kathmandu District Court had asked the authorities to remand Lamichhane in custody for investigation. Lamichhane had appealed to the high court for his release after the district court order.

According to Patan High Court’s Information Officer Devendra Poudel, a joint bench of high court judges Dhruba Raj Nanda and Ramesh Dhakal issued the order to release Lamichhane on a bail amount of Rs 2 million on January 12. Lamichhane’s lawyers Shambhu Thapa, Raman Shrestha, Krishna Bhandari, and Murari Sapkota had pleaded on behalf of the cricketer. He was released on bail from the Central Jail in Sundhara on January 13.

The High Court had permitted the authority concerned to release Lamichhane against a bail amount of Rs 2 million while barring the alleged cricketer from leaving the country on any pretext.

The Supreme Court (SC) on February 27 issued an order allowing rape-accused cricketer Sandeep Lamichhane to travel to foreign countries to play cricket matches. A joint bench of justices Sapana Pradhan Malla and Kumar Chudal overturned the earlier verdict of the Patan High Court.

The Kathmandu District Court, however, ruled that the victim girl nicknamed Gaushala 26 had reached 18 years of age. Even though the victim was an adult, the court found Lamichhane guilty, stating that rape has been proven. The court held that Lamichhane had committed the offense under Section 219 (1, 2, and 3) (e) of the Civil Code 2074, as the act was not consensual. 

 
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