The Office of the Attorney General (OAG) has recently appealed to the High Court against the Bumthang District Court’s judgment pertaining to a rape case.
As per the court’s judgment, a 28-year-old man from Sarpang was sentenced to two years and nine months in prison for illicitly marrying a minor.
However, the OAG argues that the case is a ‘Rape of a child above 12 years of age. This means the man is liable for prison term ranging from 5 to 9 years.
On the other hand, the Bumthang Court says the judgment was based on a mistake of fact pertaining to the girl’s age.
The judgment was pronounced on 25 October this year.
The man submitted to the court that the girl insisted him to marry her as she was of a marriageable age.
The couple started living together since last year and worked at a construction site in Chhumig Gewog, Bumthang.
The 15-year-old girl admitted that all the claims made by the man were true and stated she was two months pregnant when the trial began.
But the girl’s mother said, the man was informed about her daughter being a minor.
On the contrary, the man’s mother claimed that the girl’s parents said she was not a minor and consented for the marriage.
Thus, the court established the judgment as per the Section 76 of the Penal Code of Bhutan, which states, “The defense of ignorance or mistake may reduce the sentence of which the defendant may be convicted.”
The judgment also says the man can pay a fine of over Nu 117, 125 in lieu of the prison terms along with other compensations for the victim.
The case first came to the limelight after a domestic violence incident was reported to police in August this year.
