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Sexual intercourse or any sexual act by husband with his legally wedded wife is not Rape, Even if it was by force or against her wish – Chhattisgarh High Court

Team SoOLEGAL 2 Sep 2021 3:25pm

Sexual intercourse or any sexual act by husband with his legally wedded wife is not Rape, Even if it was by force or against her wish – Chhattisgarh High Court

Sexual intercourse or any sexual act by a husband with his own wife, where the wife is not under the age of 18 year, is not rape, says an order from Chhattisgarh High Court Judge N. K. Chandravanshi. Discharging an accused of the rape charge alleged against him by his legally wedded wife, relying on the exception provided under Section 375 of the IPC.

Where Section 375 provides the instances that amount to rape, on the other hand one of the exceptions attached to it provides that “Sexual intercourse or sexual acts by a husband with his own wife, where the wife not being under the age of 15 years, is not rape”.

In this case, the victim was married, a native of Changurabhata in Raipur, in 2017. She alleges that after the few days of marriage, she was getting harassed by her husband and her two in- laws for the dowry.

Pursuant to which she lodged a complaint before the Bemetara police station of Bemetara district against the three.

Trial Court sustained the charges framed, under charge-sheet submitted by the police against the three accuse, under section 498-A (dowry harassment), 377 (unnatural sex), 376 (rape), and 34 (common intention) of the Indian Penal Code (IPC).

Subsequently the three accused files a writ petition before the HC of Chhattisgarh against the order of Trial court, requesting to set aside the order and discharge them from the alleged charges.

Pronouncing its decision on 13th August, the High Court reversed the order of the Trial Court and ordered that “Exception II of Section 375 of the IPC, referred to above, makes it clear that sexual intercourse or sexual act by a man with his own wife, the wife not being under eighteen years of age, is not rape”.

High Court said that the charges framed against the husband under Section 375 hold no water and are fairly erroneous and implausible. However, it sustained the other chargers under Section 377 and 498-A/34 of the IPC against all the applicants.

The law relating to marital rape is not yet recognized in India, the code requires amendments as in such cases women are the worst sufferers, who cannot even question on the brutality committed by the husband on them. However, the probability of being it misused by the women is also quite high, so the law regarding marital rape should be recognized after due and reasonable scrutinization keeping in view the facts and circumstances of each case back in mind.



Tagged: Chhattisgarh High Court   sexual act   Judge N. K. Chandravanshi   Changurabhata   Raipur   Bemetara police station   Trial Court   dowry harassment   unnatural sex   common intention   Indian Penal Code  
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