Consent given by a victim deeply in love cannot be established as obtained under misrepresentation; the promise of marriage does not negate voluntary consent.

JUDGMENT

T. Amarnath Goud, J. - Heard Mr. P. K. Biswas, learned senior counsel assisted by Mr. P. Majumder, learned counsel appearing for the appellant. Also heard Mr. Ratan Datta, learned Public Prosecutor appearing for the State-respondent and Ms. V. Podder, learned counsel appearing for the de-facto respondent.

2. This criminal appeal under Section-374 of the Code of Criminal Procedure is directed against the judgment and order of conviction dated 11.02.2021 and 12.02.2021, passed by the learned Addl. Sessions Judge, Court No.5, West Tripura, Agartala, in connection with case No. S.T.(T-1) 10 of 2015, whereby and whereunder, the appellant has been convicted under Sections-376(1) of IPC and thereby sentenced him to suffer rigorous imprisonment for 12 years and also to pay a fine of Rs.50,000/- in default to suffer further RI for 1 year. Further convicted him under Section-417 of the IPC and sentenced to suffer RI for 1 year with a fine of Rs.10,000/- with default stipulations. Both the sentences shall run concurrently.

3. The factual background of the prosecution case is that one Bhabana Das, the complainant herein, complained that Sanjib Paul, the accused-person was in love affair with her daughter (name withheld) and being in relationship with her daughter, the accused-person have gone to the extent of developing sexual relationship, which was purely on the assurance of marriage given by the accused-appellant to her daughter. Her daughter being pregnant before the marriage, the matter was decided by both the families to be settled before the birth of the child and decision was taken that Court marriage would be held. Accordingly, 28.02.2014 was finalized for the registration of the marriage in the Court but, neither the accused-person nor his family members turned up on that day in the Court. Subsequently, the accused-person informed the daughter of the complainant to come to his house in the attire of a married woman to be accepted as his wife. The daughter of the complainant accordingly, went to his house obeying his instruction but, the accused-person was often mentally and physically tortured by the parents and relatives of the accused-person.

4. On 25.03.2014, the daughter of the complainant gave birth to a male child. As the torture upon the daughter of the complainant increased day by day, the matter was taken up with the members of a local club, namely, Aikyatan Club. Every endeavours of the members of the club having failed in ending the dispute of the parties, advice was given to take the shelter of law. The complainant after realizing that every doors have been shut have then taken shelter of law and the complaint of the complainant was then registered by the OC Amtali P.S.

5. On the basis of the aforesaid complaint, Amtali P.S. FIR No.92 of 2014 dated 25.04.2014 under Sections-376/417/109/506/34 of IPC was registered against the accused-persons, namely, Sri Sanjib Paul, Sri Sunil Paul, Smt. Rekha Paul, Sri Sanjoy Paul, Smt. Shilpi Das and Sri Rabindra Paul and the investigation concluded by presenting a charge sheet vide Amtali P.S. CS No.144 of 2014 dated 25.08.2014 under Sections- 376/417/506 of IPC against the accused-persons in the Court of law.

6. On the basis of the FIR police took up investigation and on completion of the investigation filed charge sheet against the appellant for the offence punishable under Sections-376/417/506 of IPC and the learned SDJM, Bishalgarh took cognizance of the offence and as the case was exclusively triable by the Court of Sessions, the case was transferred to the Court of learned Sessions Judge, West Tripura and subsequently, the case was again transferred to the learned Addl. Sessions Judge, Court No.