The Gauhati High Court, in a significant ruling, acquitted Md. Farid Ali, who had been convicted and sentenced to seven years of rigorous imprisonment under Section 376 of the Indian Penal Code (IPC) for rape. The court, presided over by Justice Malasri Nandi, set aside the trial court’s judgment, stating that the prosecution failed to establish beyond reasonable doubt that the accused had committed the crime of rape.
Background of the Case
The case, Md. Farid Ali vs. The State of Assam & Anr. (Crl.A./372/2023), stemmed from an incident in August 2014. The victim, the daughter of the informant, had gone missing from Diphu Bazar on August 2, 2014. An FIR was lodged, alleging that the appellant had kidnapped the victim. Following investigations, Farid Ali was charged under Sections 366, 342, and 376 IPC, and the case was brought before the Assistant Sessions Court in Karbi Anglong, Diphu.
The trial concluded with the conviction of Farid Ali on August 10, 2023, by the learned Assistant Sessions Judge, Karbi Anglong. He was sentenced to seven years of rigorous imprisonment and a fine of ₹5,000, failing which he would face an additional month of imprisonment.
Key Legal Issues
The primary legal question before the court was whether the victim had consented to the sexual relationship and whether the charge of rape under Section 376 IPC could be sustained. The case revolved around two significant issues:
1. Consent of the Victim: The appellant contended that the victim, a major at the time, had voluntarily eloped with him and that their relationship was consensual. The defense also argued that the two had lived as husband and wife following their marriage under Muslim customs.
2. Legal Definition of Rape: The court was tasked with determining whether the sexual intercourse between the appellant and the victim, even if forceful, constituted rape given their marital status and the legal exemption provided under Section 375 IPC for non-consensual sexual intercourse between spouses.
Court’s Observations and Judgment
Justice Malasri Nandi, in her judgment, noted several key points:
– The victim, in her deposition, admitted that she had eloped with the appellant on her own accord after receiving his phone call. She had accompanied him willingly to Jagiroad, where they lived together as husband and wife for over a month.
– While the victim alleged that she had been forcefully married and subjected to sexual intercourse against her will, the court observed that she did not raise any alarm or communicate with her parents or the authorities during the time she lived with the appellant. She had the opportunity to report the matter but did not.
– Importantly, the court referred to the exemption under Section 375 IPC, which states that non-consensual intercourse by a husband with his wife, if she is over 15 years of age, does not constitute rape. The victim, being over 18 years old, had eloped with the appellant and lived with him as his wife.
Justice Nandi further remarked, “The victim, being a major, voluntarily left her home and got married to the appellant. The relationship between them, though forceful, cannot be construed as rape under the legal framework, given their status as husband and wife.” The court also emphasized that the prosecution failed to prove beyond reasonable doubt that the appellant had committed the offense of rape.
Based on these findings, the Gauhati High Court allowed the appeal, setting aside the trial court’s judgment. Md. Farid Ali, who was in custody, was ordered to be released immediately, provided he was not wanted in any other case. The court also directed that the trial court’s records be returned.
Md. Farid Ali was represented by Mr. A.N. Ahmed, while the State of Assam was represented by Mr. B. Sharma, the learned Additional Public Prosecutor.
