The Patan High Court on Wednesday acquitted cricketer Sandeep Lamichhane of rape.

Overturning the verdict of the Kathmandu District Court, a division of bench of judges Surya Darshan Dev Bhatta and Anju Uprety Dhakal gave a clean chit to Lamichhane, who was on suspension from the national cricket team. The high court cited lack of evidence while overturning the decision of its subordinate court.

“The verdict from the district court has been fully overturned,” said Tirtharaj Bhattarai, spokesperson at the High Court. “The defendant Sandeep Lamichhane has been acquitted.”

A single bench of district judge Shishir Raj Dhakal on December 29, 2023 had convicted Lamichhane of rape, but the penalty was determined later, on January 10. The court had ordered a jail term and fine of half a million rupees for the alleged rape, which is said to have occurred in August 2022. The half a million rupees—of which Rs300,000 is fine and the remaining compensation—would be paid to the victim, the court had ordered.

The jail term and penalty were determined considering the age of Gaushala-26 (the name given to the victim), the social status of the accused when the incident happened and the mental stress the victim had to suffer. The court, however, had dismissed the victim’s claim that she was a minor at the time of incident. The court had also refused to accept the birth dates mentioned in her academic documents, which show she was 17 at the time of the incident.

Not satisfied with the order, the district attorney and Lamichhane had moved the high court. While the district attorney had challenged the decision that refused to accept the victim as a minor, Lamichhane had denied the charge and demanded acquittal. The high court has now passed a verdict as demanded by Lamichhane.

“The division bench has refused to accept that the victim was a minor as claimed by the government side,” said Bhattarai. “It also found insufficient evidence to pronounce him guilty.” The detailed basis for the acquittal will be explained in the verdict’s full text, which will be issued later, according to the court official.

The lawyers, who deliberated from the victim’s side, claim the way the questions were put before Gaushala-26 during the hearing had indicated that Lamichanne would be acquitted. “His celebrity status prevailed over justice. I am extremely sad to witness this,” said advocate Mohna Ansari, who had advocated on the victim’s behalf. “This is a good example of miscarriage of justice.”

The high court’s ruling can be challenged in the Supreme Court. Generally, the government attorney challenges the decision of the lower courts in the top court if they don’t pass a favourable verdict .

“We hope the government side will challenge the high court’s verdict at the Supreme Court,” said Ansari who also is a former member of the National Human Rights Commission. “Otherwise, the victim herself can appeal, which she will be doing.”

Lamichhane was accused of raping the girl in a Kathmandu’s Tilganga-based hotel on August 21, 2022. After hearing the lawyers on both sides, the district court ruled “there was no dispute that Lamichhane and the victim had stayed in the same room of the hotel where she was raped.” It had claimed that the accused had raped the victim by taking advantage of her poor economic condition and misusing his stardom.

During the months-long hearing, the court also examined different documents of the victim relating to her age.

After examining Gaushala 26’s birth registration at Raluka VDC, Nuwakot; migration registration at Shankarapur Municipality, Kathmandu; birth registration at Narayani Sub-regional Hospital, Birgunj; and her own statement, the district court had determined that she was born on July 4, 2004, and was 18 years old when the alleged incident happened.

Despite overturning the decision of penalty determined by the district court, the high court has reached the same conclusion when it comes to the age of the victim.

Gaushala-26 had lodged her complaint against Lamichhane on September 6, 2022, two weeks after the incident.

When the investigation started, Lamichhane was in the West Indies to play in the Caribbean Premier League. He was arrested from the Tribhuvan International Airport upon his return on October 6, 2022.

On November 4 last year, the Kathmandu District Court ordered that Lamichhane be sent to the Sundhara-based Central Jail after a detention hearing.

Lamichhane had moved the high court, challenging the order.

On January 12, a division bench of high court judges Dhruva Raj Nanda and Ramesh Dahal decided to release him on bail while the investigation continued. Following the verdict, Lamichhane was released from custody on January 13 after posting a bail of two million rupees. The court, however, had barred him from travelling abroad and ordered him to inform the police beforehand if he had to leave Kathmandu.

Dissatisfied with the travel restrictions, Lamichhane moved the Supreme Court, challenging the high court’s decision. On February 27, a division bench of justices Sapana Pradhan Malla and Kumar Chudal had ruled in favour of the cricketer’s petition, allowing him to travel abroad to play cricket.

Despite being convicted, Lamichhane didn’t face jail as he was allowed to appeal without being behind bars.

Meanwhile, the Cricket Association of Nepal (CAN) on Wednesday lifted its suspension of former national cricket captain Lamichhane, paving the way for his return to the national team and the T20 World Cup squad.

The decision to lift the suspension came hours after the Patan High Court acquitted Lamichhane of rape on appeal, overturning the verdict of the Kathmandu District Court to sentence him to eight years in jail.

“As the Patan High Court has issued a verdict on May 15, 2024, giving Sandeep Lamichhane a clean chit, we have decided to lift his suspension from all forms of domestic and international cricketing activities,” CAN said in a statement.

The lifting of suspension has now paved the way for Lamichhane to travel to the West Indies and the United States to take part in the World Cup.

Nepal have already announced a provisional 15-member squad for the 2024 T20 World Cup but are allowed to make changes to the initial selections until May 25.

CAN has already started preparations to send Lamichhane to the World Cup, according to CAN treasurer Padam Khadka.

Lamichhane was in Trinidad & Tobago to play in the Caribbean Premier League from Jamaica Tallawahs when “Gaushala 26” filed the rape complaint.

Following the rape charge and subsequent arrest warrant issued by the Kathmandu District Court, CAN had dismissed Lamichhane as national captain and suspended him from cricket.

He returned to the national team in February last year and participated in the ICC Men’s Cricket World Cup League 2 home tri-series against Namibia and Scotland, after he was freed on bail.

He also travelled to Zimbabwe in June last year to participate in the ICC Cricket World Cup Qualifier and to India to play the 2023 Asia Cup three months later.

However, he was suspended from cricketing activities again following Kathmandu District Court’s verdict.

“I have said from the first day that I am innocent. I am grateful to those who supported me,” Lamichhane said after getting the clean chit.

“I will make every effort to take Nepali cricket to a new height.”