Court Rules Consensual Sex Within Marriage Does Not Constitute Rape; Overturns 10-Year Sentence
In a significant ruling, the Tripura High Court has acquitted Sri Sukanta Murasing, who was previously convicted of rape and sentenced to 10 years of rigorous imprisonment by the Additional Sessions Judge, South Tripura, Belonia. The division bench, comprising Dr. T. Amarnath Goud and S. Datta Purkayastha, overturned the conviction after determining that the alleged sexual relationship was consensual and took place within the framework of marriage.
The case stemmed from a complaint filed by the victim, who alleged that Murasing had coerced her into a sexual relationship under the pretense of marriage. The complainant also claimed that the appellant had promised to marry her socially but later refused to do so. However, during the trial, evidence surfaced indicating that the relationship was consensual and that the couple had engaged in a traditional marriage ceremony, further substantiated by a notarized declaration.
The High Court meticulously examined the evidence, including the complainant's statement recorded under Section 164 CrPC, which revealed a history of love affairs and mutual consent for the physical relationship. Notably, the complainant acknowledged the marriage and continued cohabitation with Murasing, undermining the prosecution's case of non-consensual intercourse.
The court emphasized that consensual sexual relations within marriage do not constitute rape under Section 375 of the Indian Penal Code. It found no medical evidence supporting the claim of rape and noted inconsistencies and delays in the filing of the complaint.
In light of these findings, the court concluded that the prosecution failed to establish the charge of rape beyond a reasonable doubt. Consequently, the conviction and sentence were set aside, and Murasing was acquitted.
This judgment underscores the importance of distinguishing consensual relationships from criminal acts of sexual violence, reaffirming the principle that consent within marriage negates allegations of rape.
Bottom line:-
A consensual sexual relationship within the framework of marriage cannot be treated as rape under Section 375 IPC.
Statutory provision(s): Indian Penal Code, 1860 - Sections 375, 376; Code of Criminal Procedure, 1973 - Sections 164, 313.
Sri Sukanta Murasing v. State of Tripura, (Tripura)(DB) : Law Finder Doc id # 2900155
