Forced sex with wife is not rape: Chhattisgarh High Court
The Chhattisgarh High Court has acquitted a 37-year-old man in a rape case filed against him by his wife, holding that sex or any sexual act with a legally married wife is not rape, whether by force or done against his will. However, the HC did not grant any relief to the person who was charged under section 377 (unnatural offence) of the IPC.
His lawyer YC Sharma said on Thursday that Justice NK Chandravanshi delivered the verdict on August 23 in a criminal revision petition filed by the man and his family members, seeking to frame charges of rape (against him) and other offenses framed against him. Cancellation was sought.
According to the order, the victim married a man from Changorabhata in Raipur in 2017. After a few days of marriage, the woman’s husband and her two in-laws started harassing her for dowry.
The woman later lodged a complaint against the trio at Bemetara police station in Bemetara district.
After investigation, a charge sheet was filed against him under sections 498-A (dowry harassment), 377 (unnatural offence), 376 (rape), 34 (common intention) of the IPC. The order said that after giving an opportunity of being heard to the lawyers of both the parties, the trial court had framed charges against the applicants under these sections.
The trio, including the woman’s husband, approached the high court seeking quashing of the trial court’s order and absolving them of charges, including rape, against them.
“Applicants’ counsel submits that the complainant and applicant No. 1 (male) are legally married wife and husband, therefore, no material has been written against him to constitute an offense punishable under sections 376 and 377 of the IPC. Because, in India, marital rape is not recognized and it is not an offense in view of Exception II to Section 375 of the IPC,” the HC said.
It said that the counsel had prayed that the impugned order be set aside and the applicants be absolved of the charges leveled against them.
After the hearing, the High Court had reserved its order on August 13 and the hearing was held on Monday (August 23).
The order said, “Exception II of section 375 of IPC mentioned above, makes it clear that sexual intercourse or sexual act by a man with his wife, who is not less than eighteen years of age, is not rape.” The judge said that the allegation against the person under section 376 (rape) of the IPC was false and illegal.
“In this case, the complainant is the legally married wife of the applicant No. 1, therefore, sexual intercourse or any sexual act by the husband with her shall not be construed as an offense of rape, whether by coercion or against her will. Hence the husband The allegation against him under section 376 of IPC is false and illegal. Therefore, he is entitled to be acquitted of charge under section 376 of IPC”, it said.
“In the present case, the complainant has stated that the husband has had unnatural physical relations with her several times without her consent. Therefore, I do not find any infirmity or illegality on the part of the trial court in framing the charge against the husband under Section 377 of the IPC,” the HC said.
The HC said that no illegality has been committed in framing other charges against the accused.
“Consequently, the immediate amendment is partially allowed. Applicant No. 1 (Husband) is discharged from the charge against him under section 376 of IPC. This court observed that the trial court has not committed any illegality in framing of charges under sections 377 and 498-A/34 of the IPC. All applicants, it added.
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