Sri Sukanta Murasing vs The State of Tripura

2026:THC:618-DB

TRHC010003112025

HIGH COURT OF TRIPURA
AGARTALA

Crl. A. (J) 16/2025

Sri Sukanta Murasing , son of Sri Ratanbasi Murasing, resident
of West Patichari, Murasing Para, P.S. Santirbazar, District-
South Tripura;
…. Appellant
Versus

The State of Tripura , represented by the Ld. Public Prosecutor,
High Court of Tripura, Agartala.
----Respondent


For the Appellant(s) : Mr. K. Nath, Advocate

For the Respondent(s) : Mr. Raju Datta, PP


Date of hearing & delivery
of Judgment & Order : 13.05.2026

Whether fit for reporting : No


BEFORE
HON’BLE JUSTICE DR. T. AMARNATH GOUD
HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA


JUDGMENT(ORAL)
( Dr.T.Amarnath Goud, J )


Heard Mr. K. Nath, learned counsel appearing for the
appellant. Also heard Mr. Raju Datta, learned Public Prosecutor
appearing for the respondent-State.
2. The appellant, by means of filing the present appeal
have challenged the judgment and order of conviction and
sentence dated 31.01.2025, passed by the learned Additional
Sessions Judge, South Tripura, Belonia, in connection with case
No. S.T.(Type-1) 11 of 2023, whereby the appellant had been
convicted under Section 376(1) IPC, and sentenced to suffer
rigorous imprisonment for 10(ten) years and also to pay a fine of

Rs.1,00,000/- with default stipulation under Section 376(1) IPC.

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3. The case of prosecution, in brief, is that, the
complainant-victim lodged a written complaint with the Officer-
in-Charge of Santirbazaar police station on 23.08.2022, alleging
inter alia that during the year 2013, the complainant-victim
became acquainted with the appellant and upon such
acquaintance, the appellant on proposal of love brought her to
his house in the last part of September, 2017, wherein the
appellant after closing the door committed rape upon the
complainant-victim against her will, and when she started crying,
the appellant promised to marry her and accordingly on
22.01.2018, their marriage was solemnized in the residence of
the complainant, following a joint declaration notorized on
31.01.2018. In the written complaint it was further alleged that
after the marriage, the appellant left the complainant-victim in
her paternal residence with an assurance that he will marry her
socially and will take her to his residence after informing the
matter to his parents and accordingly after informing their
relation to the parents of the appellant, the appellant again
visited her house and assured that their re-marriage ceremony
will be solemnized in a grand manner by the year 2020 and in
the meantime there built a visiting terms in both the houses. It
was further alleged that by virtue of that, both the appellant and
the complainant-victim started to visit each other’s house
frequently thereby started to live as husband and wife and taking
the advantage of recognition of their social marriage, the
appellant had been making physical relationship with the
complainant-victim. It was also alleged that after elapse of 2020

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when the complainant-victim requested the appellant for social
marriage, the appellant assured to conduct the marriage by the
month of March, 2022, but in the March, 2022, when the
complainant-victim and her parents requested the appellant to
marry her, the appellant refused to marry her. Thereafter, the
complainant appealed the village elders who also approached the
appellant, but the appellant denied marrying the complainant.

4. The complaint thereafter was registered as FIR vide
Santirbazaar PS case No. 2022/STB/026 dated 07.10.2022 under
Section 376/417/420/34 IPC and the same was endorsed for
investigation to PW-14. During the course of investigation, the
I.O. visited the PO, recorded statement of the material
witnesses, arranged medical examination of the accused-
appellant, collected medical evidences, arrested the accused, and
upon completion of investigation, submitted charge-sheet against
the accused-appellant for commission of offence punishable
under Section 376, 417, 420, 34 IPC. On receipt of the charge-
st
sheet, cognizance was taken by the JM, 1 class, Belonia and
thereafter committed the case to the court of Sessions. At
commencement of trial, charge was framed against the accused
under Section 376(1) IPC, to which the appellant pleaded not
guilty and claimed to be tried.
5 . The prosecution to substantiate the charge adduced
as many as 14 witnesses and introduced some documents which
were exhibited by the learned trial court. On closure of the
prosecution evidence, the accused was examined under Section

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313 Cr.P.C. to which he denied all the allegations and declined to
adduce evidence on his behalf. After completion of recording of
evidences and having heard the learned counsel appearing for
the parties, the learned Additional Sessions Judge convicted and
sentenced the accused, as stated here-in-above. Hence, this
appeal before this court.
6 . Mr. K. Nath, learned counsel appearing for the
appellant has submitted that there are substantial contradictions
in the statement of the prosecution witnesses. Learned counsel
has also submitted that long delay in lodging the FIR has not
been properly explained. Learned counsel has further submitted
that there was love affair between the appellant and the
complainant, and the complainant in her evidence has admitted
that the appellant had married her and their marriage is
subsisting till date. He has further submitted that while deposing
before the learned trial Court, the complainant has personified
herself as wife of the appellant. Learned Counsel further
submitted at no point of time the appellant had committed rape
upon the complainant-victim and if there is any co-habitation
between them the same is consensual in nature, and on to that
aspect, learned counsel has submitted that in all manner Section
376(1) IPC has not been proved. Showing all the discrepancies
therein learned counsel has submitted that this is a clear case of
acquittal.

7 . On the other hand Mr. Raju Datta, learned PP
appearing for the State-respondent has submitted that the

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conviction returned by the learned trial court is based on a
thorough and careful appreciation of the oral and documentary
evidences which is well-reasoned and legally sound and the same
requires no interference.
This court has meticulously gone through the case
8.
record and the judgment.
9. The star witness in this case is the complainant-victim

herself. From the statement of the complainant-victim recorded
under Section 164(5) Cr.P.C. before the Magistrate, it is revealed
that the complainant had love affairs with the appellant and out
of such love affairs there was physical relation between them. In
her statement, the complainant also stated that the appellant by
cutting his hand put the blood on her forehead and married her.
The complainant also stated in her statement recorded under
Section 164(5) of Cr.P.C. that she often used to go to the house
of the appellant. Further she has stated that she has aborted
once by consuming medicine. The written complaint (Exbt.P-1)
and the statement of the complainant-victim before the Court
also demonstrates amply that there was love affairs between the
complainant and the appellant and whatever physical relation
took place between them was absolutely consensual in nature
since there was no protest or obstruction or complaint on the
part of the complainant at the very initial stage.
10. At the outset, this court is to view the following
requirements in deciding the case: (i) whether the appellant had
refused to marry the complainant-victim despite having promised

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to marry her and under the garb of marriage, the appellant had
established physical relations with her ; (ii) whether the appellant
had committed sexual intercourse with the complainant-victim
and whether the sexual intercourse was without her consent
which is essential to find the appellant to have committed an
offence punishable under Section 376(1) of IPC ; In this aspect,
the court is to look into first on the ingredients of Section 375
IPC. As such, we gainfully refer Section 375 IPC, which reads as
follows:
“375. Rape.-- A man is said to commit "rape" if he--
(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a
woman or makes her to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the
vagina, the urethra or anus of a woman or makes her to do so with him or any other
person; or
(c) manipulates any part of the body of a woman so as to cause penetration into the
vagina, urethra, anus or any part of body of such woman or makes her to do so with
him or any other person; or
(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so
with him or any other person, under the circumstances falling under any of the
following seven descriptions:
First - Against her will.
Secondly- Without her consent.

From the case in hand, it is conclusively seen that
there was love affairs between the appellant and the complainant
which at certain point turned into physical relation. The complaint
in her complaint and evidence stated that the appellant has
committed rape upon her in last part of September, 2017,
against her will, but nowhere in the record, it is found that she
made any complaint to anyone or before the police regarding
such conduct of the appellant rather, she continued her sexual
relationship with the appellant, on the assurance of marriage
extended by the appellant. Thus, it can safely be presumed that
the appellant has not cheated the complainant at any point of
time on the contrary the same was a result of consent by the

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complainant-victim. Further, from the deposition of witnesses
and also from the statement of the complainant, commission of
rape cannot be established, rather a love bondage/relation
between the appellant and the complainant has been well
established. Further, the complainant-victim had admitted that
there was marriage between her which was followed by notarized
declaration and the said marriage is still in subsistence.
Moreover, the medical evidence also does not support the
commission of rape. It is trite law that c onsensual relationship
within marriage cannot be treated as rape and, hence the case in

hand cannot come under the purview of Section 375 IPC.
10. The complainant was in love with the appellant and
subsequently there was physical relation between them resulting
which she became pregnant and upon being pregnant she also
had aborted by consuming medicine and the said facts had been
admitted by the complainant during trial. The complainant-victim
was matured enough to understand the consequence, but she did
not resisted the appellant or herself at any point of time or did
not raise any alarm. She further had admitted their marriage
and living together as husband and wife out of which cohabitation
typically took place between them since living together. It was
the complainant who ought to have resisted the appellant at the
first time when he approached the complainant for having
physical relation with him, but she did not resist rather continued
with the said act. Thus, it can be assumed that the complainant-
victim consented to such sexual intercourse with the appellant
voluntarily. Now, the complainant-victim who consented for

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sexual intercourse, knowing the consequence, cannot plead she

was raped.
11 . O n over all appreciation of the evidence available on
record, this court of the considered view that the prosecution has
miserably failed to proved its case beyond any shadow of doubt.
As a result, the present criminal appeal is allowed . The
impugned judgment and order of conviction and sentence dated
31.01.2025, passed by the learned Additional Sessions Judge,
South Tripura, Belonia, in connection with case No. S.T.(Type-1)
11 of 2023, is set aside . The appellant, is hereby, acquitted of
the charge for which he has been tried. Accordingly, the
appellant is directed to be set free from incarceration, if not
required in any other case.


Pending application(s), if any, also stands disposed .

S.DATTA PURKAYASTHA,J DR.T. AMARNATH GOUD,J




SAIKAT

KAR
Digitally signed by
SAIKAT KAR
Date: 2026.05.15
15:29:03 -04'00'