BILASPUR: Observing that sexual intercourse or any sexual act by a husband with his legally-wedded wife is not rape, even if is committed against her wish, the Chhattisgarh High Court discharged a man from the offence of marital rape.
However, the court framed charges against him under section 377 of Indian Penal Code for having unnatural sex with her.
The order was in stark contrast to Kerala High Court ruling, which earlier this month had dismissed the plea of a husband against divorce on marital rape grounds.
Recognising marital rape as a form of cruelty, the Kerala High Court had stated it to be a ground for claiming divorce.
In the Chhattisgarh case, the Bemetara district police had booked the man under IPC section 376 (commits rape), 377 (voluntary having carnal intercourse as unnatural offences) and 498-A (atrocities on women to meet unlawful demand of property) . The couple had married in June 2017.
Relying on Exception II of section 375 of IPC, Justice N K Chandravanshi said: “Sexual intercourse or sexual act by a man with his own wife, the wife not being under eighteen years of age, is not rape. In this case, complainant is legally wedded wife of the applicant, therefore, sexual intercourse or any sexual act with her by the applicant/husband would not constitute an offence of rape, even if it was by force or against her wish.”
The court, however, did not find any infirmity in the trial Court framing the charge under IPC section 377 against the husband.
Specific allegations against the husband were that he had made unnatural physical relations with her, despite her protests.
On the charges under section 498A, again, the court was of the view there was no infirmity with the charge as written report and both the statements of the wife showed that after a few days into marriage, she was subjected to cruelty by all the accused persons over demand for dowry.