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Bilaspur: 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 stated 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. Counsel for the applicants submits that the complainant and applicant No. 1 (male) are legally married wife and husband, hence nothing material has been pointed out against them to constitute an offense punishable under sections 376 and 377 of IPC, Because the HC said, in India, marital rape is not recognized and it is not an offense in view of Exception II of Section 375 of the IPC.
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).
Exception II of section 375 of the IPC mentioned above, the order said, makes it clear that sexual intercourse or sexual act with his wife, the wife not being 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 applicant No. 1, therefore, having sex with her or any sexual act by the husband shall not amount to an offense of rape, whether by force or against her will. Therefore the allegation against the husband under section 376 of IPC is false and illegal. Therefore, he is entitled to be acquitted under section 376 of the IPC, it said.
In this case, the complainant has told that the husband had made unnatural physical relations with her many times without her consent. Therefore, I do not find any infirmity or illegality committed by a 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.
As a result, immediate modification is partially allowed. Applicant No. 1 (Husband) is acquitted of 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 IPC against all. Applicants, it added.
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