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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MITALI THAKURIA
Debo Prasad Barman @ Deba Prasad Barman S/o Lt. Dharanidhar Barman – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
1. Head Mr. S. Nawaz, the learned counsel for the appellant. Also heard Ms. S.H. Bora, the learned Additional Public Prosecutor for State respondent no. 1 and Ms. M. Barman, the learned counsel appearing for respondent no. 2.
2. This is an appeal u/s 374(2) Cr.PC against the impugned judgment & order dated 10.07.2023 passed by learned Special Judge, Bongaigaon in Special (P) Case No. 15(BGN) of 2019 convicting the accused/appellant u/s 376 IPC and sentenced to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs. 3,000/- in default Simple Imprisonment for 3 months.
3. The prosecution story in brief is that on 09.06.2019 at about 6 PM the accused/appellant took the victim girl to his house on the pretext of marrying her and committed sexual intercourse with her and in the next morning the accused along with the other family members assaulted the victim and drove her out of the house.
4. On receipt of the FIR a G.D. Entry was made at Bidyapur Police Outpost and then the same was forwarded to OC, Bongaigaon for registering a case. Accordingly, a Bongaigaon P.S. Case No. 398 of 2019 u/s 366(A)/3
Consent obtained under a false promise of marriage can constitute rape, but the prosecution must prove foundational facts beyond reasonable doubt.
Consent obtained under a false promise of marriage from a minor is invalid, establishing the accused's guilt under relevant sexual assault laws.
The court established that unreliable age evidence and inconsistencies in the victim's account, coupled with her prior consent, undermined the conviction under the POCSO Act.
The central legal point established in the judgment is the stringent burden of proof required in cases involving offences against minors, emphasizing the necessity of credible evidence to establish g....
Criminal Law - Charge of Rape - Conviction Upheld - Age of Prosecutrix - Victim was at her tender age when she met the appellant on her way to school. There is no evidence at all that they were in de....
Consent obtained under a false promise of marriage vitiates true consent, constituting rape under IPC Section 376(2)(n).
Consent in sexual relationships must be scrutinized for deception linked to promises of marriage; a mere breach does not equate to coercion or rape.
Rape and cheating – Moral indignation cannot take place of legal proof that cohabitation of parties was on the basis of a dishonest representation of appellant.
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