Agartala: The Tripura High Court has acquitted a man convicted in a rape case, holding that the relationship between the complainant and the accused was consensual and continued within a valid marital arrangement acknowledged by both parties.
A division bench comprising Justices T Amarnath Goud and S Datta Purkayastha set aside a January 31, 2025 judgment of the Additional Sessions Judge, Belonia, which had convicted the appellant under Section 376(1) of the IPC and sentenced him to 10 years of rigorous imprisonment along with a fine of Rs 1 lakh.
The case originated from an FIR lodged at Santirbazar Police Station in August 2022 under Sections 376, 417, 420 and 34 of the IPC. The complainant alleged that the accused established physical relations with her in 2017 on the promise of marriage and later failed to solemnise the marriage socially.
During the hearing of the appeal, the high court examined the complainant’s written complaint, her deposition before the trial court and her statement recorded under Section 164 of the CrPC.
The bench observed that the complainant herself had acknowledged being in a long-standing relationship with the accused and admitted that they had married on January 22, 2018, at her residence. The marriage, according to court records, was followed by a joint notarised declaration executed on January 31, 2018.
The court also noted that the complainant had admitted to visiting the accused’s residence frequently and maintaining a physical relationship with him without raising any complaint at the initial stage.
“Whatever physical relation took place between them was absolutely consensual in nature,” the bench observed, adding that there was no evidence of coercion or force.
The judgment further recorded that the complainant had admitted the marriage was still subsisting at the time of trial and that the couple had lived together as husband and wife.
Referring to the facts placed before the court, the bench held that the prosecution failed to establish the charge of rape beyond reasonable doubt.
“It can safely be presumed that the appellant has not cheated the complainant at any point of time,” the court observed while allowing the appeal.
The high court directed that the appellant be released from custody if not required in connection with any other case.
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