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IN THE HIGH COURT OF TRIPURA AT AGARTALA
T. AMARNATH GOUD, BISWAJIT PALIT
Md. Ali Hossain @ Ali Hossain – Appellant
Versus
State of Tripura – Respondent
JUDGMENT :
T. Amarnath Goud, J.
1. Heard Mr. Ratan Datta, learned counsel appearing along with Mr. S. Debnath, learned counsel for the appellant. Also heard Mr. R. Saha, learned Addl. PP appearing for the State-respondent.
2. This present appeal is filed under Section 374(2) of Cr.P.C against the impugned Judgment and order of conviction and sentence dated 21.12.2023 passed by the learned Additional Sessions Judge, Sepahijala District, Bishalgarh in Case No. ST (T-I) 10 of 2016 whereby and where-under, the appellant has been convicted under Section 376(1) of IPC and thereby sentenced to suffer RI for 10 (ten) years and to pay a fine of Rs 1,00,000/- only and in default of payment, to suffer RI for further one year.
3. The prosecution story in brief is that on 26.02.2012 at about 23:00 hours the informant of Pramodnagar Patrompara submitted a written FIR to the effect that on 24.02.2012 his daughter was under treatment at Bishramganj Sen Medical Hall by a private doctor due to her illness. During check up by that doctor, he came to know that his daughter was pregnant for 6 months and upon query, she disclosed her parents that one Md. Ali Hossain of their locality had raped upon her abou
Consent in rape cases must be clear; contradictions in victim's testimony do not negate evidence of rape, especially when corroborated by DNA evidence.
The court emphasized that discrepancies in the victim's testimony and medical evidence led to the conclusion that the encounter was consensual, thus overturning the conviction for rape.
Significant inconsistencies in the victim's testimony, lack of corroborative evidence, and procedural errors undermine the credibility of the prosecution's case in rape convictions.
Consent obtained through threats does not establish consensual engagement; credible victim testimony supported by evidence can suffice for conviction in sexual assault cases.
Consent and marital status of the victim are crucial in determining the applicability of rape charges under IPC.
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