'Forced sex with wife does not amount to rape':


'Forced sex with wife does not amount to rape':
Image Source : REPRESENTATIONAL IMAGE/PTI

‘Forced intercourse with spouse doesn’t quantity to rape’: Chhattisgarh HC

The Chhattisgarh High Court has discharged a 37-year-old man in a rape case filed in opposition to him by his spouse after observing that sexual activity or any sexual act with a legally wedded spouse shouldn’t be rape even when accomplished by drive or in opposition to her want. However, the HC didn’t grant any aid to the person who was additionally charged below IPC part 377 (unnatural offences).

Justice NK Chandravanshi delivered the judgement on August 23 in a prison revision plea filed by the person and his two relations, in search of to quash rape cost (in opposition to him) and different offences framed in opposition to them, their lawyer YC Sharma mentioned on Thursday.

As per the order, the sufferer married the person, a local of Changorabhata in Raipur, in 2017. After just a few days of marriage, the girl’s husband and her two in-laws allegedly began harassing her for dowry.

The lady later lodged a criticism on the Bemetara police station of Bemetara district in opposition to the three.

After investigation, a charge-sheet below part 498-A (dowry harassment), 377 (unnatural offences), 376 (rape), 34 (widespread intention) of the IPC was filed in opposition to them. After offering alternative of listening to to counsels of each the events, a trial courtroom had framed prices in opposition to the candidates below these sections, the order mentioned.

The trio, together with lady’s husband, approached the High Court in search of to put aside the order of the trial courtroom and discharge them from the costs, together with that of rape in opposition to him.

“Counsel for the applicants submits that the complainant and the applicant No.1 (man) are legally wedded wife and husband, therefore, none of the ingredients to constitute the offence punishable under Sections 376 and 377 of the IPC are spelt out against him, because, in India, marital rape is not recognized and the same is not an offence in view of Exception II of Section 375 of the IPC,” the HC mentioned.

The counsel had prayed that the impugned order be put aside and the candidates be discharged from prices introduced in opposition to them, it mentioned.

After listening to, the HC had reserved its order on August 13 and it was delivered on Monday (August 23).

The order mentioned, “Exception II of Section 375 of the IPC, referred to above, makes it clear that sexual activity or sexual act by a person along with his personal spouse, the spouse not being below eighteen years of age, shouldn’t be rape.” The choose mentioned cost below IPC part 376 (rape) in opposition to the person was faulty and unlawful.

“In this case, complainant is legally wedded wife of applicant No.1, therefore, sexual intercourse or any sexual act with her by the husband would not constitute an offence of rape, even if it was by force or against her wish. Therefore, charge under Section 376 of the IPC framed against the husband is erroneous and illegal. Hence, he is entitled to be discharged from the charge under Section 376 of the IPC”, it mentioned.

“In the instant case, the complainant has reported that the husband has many times, without her consent, made unnatural physical relation with her. Therefore, I do not find any infirmity or illegality committed by learned trial court in framing the charge under Section 377 of the IPC against the husband,” the HC mentioned.

The HC mentioned no illegality has been dedicated in framing different prices in opposition to the accused.

“Consequently, the moment revision is partly allowed. The applicant No.1 (husband) is discharged from the cost framed in opposition to him below Section 376 of the I.P.C. This Court finds that trial Court has not dedicated any illegality in framing the cost below Section 377 and 498-A/34 of the IPC in opposition to all of the candidates, it added.

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