Rape-accused Nepali cricketer undergoes medical check-up, to be presented before court

Kathmandu [Nepal], October 6 (ANI): Nepal’s rape-accused cricketer Sandeep Lamichhane underwent a medical check-up after being detained upon his arrival at Tribhuwan International Airport in the capital Kathmandu and will now be presented before the court on Sunday.
The plane carrying Sandeep who was on the run for a month after the registration of a case of raping a minor landed about 45 minutes later than the estimated time of arrival due to bad weather.
Lamichhane flew to Kathmandu via Qatar Airways flight and was detained at the Immigration desk as he already was on a black list subjecting him to immediate arrest.
Donned in white joggers, a black mask and a cap with Jordan sign on it, the former Nepali national cricket team captain walked out of the airport surrounded by Police personnel and handcuffed.
“He has been arrested from the airport upon his arrival. Medical tests were done and he would be interrogated today itself. He currently is kept at Gaushala Police Station but has chances of transfer to other places depending on the situation,” Dinesh Raj Mainali, Superintendent District Police Range Kathmandu told ANI.
Lamichhane will remain in custody till Sunday as the courts across Nepal are closed till Saturday as the festive season is still on in the Himalayan nation.
A girl, 17, filed a case alleging that Lamichhane took her to various places in Kathmandu and Bhaktapur all day on August 21 and brought her to a hotel in Sinamangal of Kathmandu where she was raped the same night.
A diffusion notice was issued from INTERPOL (International Criminal Police Organization) as he was on large with his location unknown since the registration of a case against him.
The Kathmandu District Court also has issued an arrest warrant against him over the case of raping a 17-year-old minor along with the Immigration Department of the Himalayan Nation blacklisting him.
Within 25 days of his formal arrest, the case is required to be registered with the court via the District attorney’s Office. Police would further conduct the investigation and then submit its report to the attorney’s office and then a formal case would be registered at the court once the report states the events mentioned in the complaint and the police investigation match.
Hearing over the case would decide whether to leave Lamichhane on bail or remand him in custody. It could take weeks for him to get the first hearing from the judicial body.
Last year, leg spinner Lamichhane was appointed as the captain of the Nepal cricket team. Lamichhane formerly captained the Nepal Under-19 side first in 2016 during the Asia Cup and then in 2017 for the Asian Cricket Council World Cup Qualifier. He has also played in the Indian Premier League (IPL).
The Police, on the other hand, has initiated an investigation under the National Penal (Code) Act, 2017’s Section 219.
The National Penal (Code) Act, 2017 has criminalized the offence of rape under Chapter- 18, Section 219. Section 219 (2) defines rape as “where any person has sexual intercourse with a woman without her consent or with a girl child below eighteen years of age even with her consent, the person shall be considered to commit rape on such woman or girl child.”
Section 219 (2) (a) states that consent obtained by way of coercion, undue influence, intimidation, threat, misinterpretation, or kidnapping or taking of hostage shall not be considered consent. Furthermore, section 219 (2) (b) ensures that consent obtained at the time of being of unsoundness of mind shall not be considered consent. If proven guilty, Lamichhane would be facing imprisonment of 10 to 12 years. (ANI)