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Crl.A (J) 4 of 2015J. T.VaipheiSubir Debnath vs The State of TripuraIPC 376, 375

Physical Relationship With Girl Aged Below 16 Is Rape, Even If There Was Love Relationship

(1) Exhibit M.O.1, 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.

(2) Since the evidence of the victim prosecutrix inspires confidence and it is corroborated by other items of evidence, we find no reason at all to interfere in the finding of guilt of the accused and the sentence imposed by learned Addl. Sessions Judge.

(3) Learned trial Judge directed the State Govt. to give compensation to the victim prosecutrix of an amount of `50,000/- and that direction has been given under Section 357A of Cr.P.C. Section 357A of Cr.P.C.