If the girl is minor, the physical relationship with her amounts to rape since her consent was no consent

Sri Shib Sankar alias Subir Debnath vs State of Tripura

Tripura HC


CRL.A (J) 4 OF 2015

About/from the judgment:

Section 375, 376 IPC conviction.


M.O.2 and M.O.3 were seized by I.O. on production by the informant and according to the prosecution those were love letters written by the accused to the prosecutrix. In the FIR also it was mentioned that the accused made love relationship with the prosecutrix. The accused and the prosecutrix are close neighbours. In her statement, the prosecutrix clearly stated that the accused proposed to make physical relation but she refused and the accused made assurance of marriage but she denied. That part of the statement of the prosecutrix remains un-rebutted. So, even if there was any relation of love between the prosecutrix and the accused, she being a minor girl below 16 years, the physical relation with her amounts to rape since her consent was no consent even if for argument sake it is accepted that she had made consent.

Read the Judgment

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