Raipur
The Chhattisgarh High Court made important comments in a case of sexual relation with his wife. The court said that the husband cannot be accused of rape or unnatural relations to have sex with or without consenting or without her. Creating sexual relations or wife’s consent in unnatural relations is not necessary.
According to a report by the Times of India, in its judgment on Monday, the court dismissed the allegations leveled against a person. Along with this, the accused was acquitted by sections 376, 377 and 304 of the IPC and ordered his release from jail.
What did the court say
The court said that if the wife is not less than 15 years of age, then any sexual act of husband with his wife cannot be called rape in such circumstances. In such a situation, it is not necessary to have consent of the wife for unnatural sex. So come against the appellantA case is not made under sections 376 and 377 of EPC.
Know the decision of the court?
The court has said in its judgment that if the wife is not less than 15 years of age, then no sexual act can be called rape by the husband under any circumstances. In this way, the importance of lack of consent of wife for unnatural acts ends. For this reason, a crime is not committed against the appellant under sections 376 and 377 of the IPC.
The court said that as far as the appellant is convicted under Section 304, which is nothing but distortion and patent illegality. The court said that it is eligible for the intervention of this court. For this reason, the court has acquitted the appellant husband from all the allegations. The court has ordered the husband to be released immediately from jail custody.
Know what is the whole matter?
In fact, the appellant in the court is the husband of the deceased and victim. According to LIVE LAW, the appellant had unnatural sex against the victim against her consent. The victim had complained of pain and was then admitted to the hospital. The victim’s statement was recorded before the death by the Executive Magistrate. The victim had given a statement that she had become ill due to forcibly having sex by the husband. After this, the victim died on the same day.
Trial court convicted
Bilaspur High Court: The trial court convicted the husband for committing an offense under Section 377 (unnatural offenses), 376 (punishment for rape) and 304 (punishment for non -intentional murder). The husband filed an appeal before the High Court.
In fact, the deceased victim’s husband had unnatural sex with him on the night of 11 December 2017 against his wife’s wish. After this, he was admitted to the hospital for treatment when his health deteriorated. A report was lodged with the police in this case and a crime was registered against the appellant under Section 377 IPC. The victim’s pre -death statement was recorded by an executive magistrate, in which she said that she fell ill due to forced sexual relations by her husband. He died on the same day.
After evaluating the evidence, the trial court convicted the appellant under Section 377 (unnatural offenses), 376 (punishment for rape) and 304 (punishment for non -conviction for murder). He was sentenced to 10 years rigorous imprisonment with default conditions. He filed a criminal appeal before the High Court against this decision.
During the hearing of the case, the court said that it is absolutely clear from the observation of sections 375, 376 and 377 IPC that in view of the revised definition of Section 375 IPC, there is no place for crime under Section 377 IPC between husband and wife. This is how rape cannot be done. Emphasizing the exception 2 of Section 375 IPC, the court ruled that sex or sexual activity between a man and his wife is not considered rape if the wife is over 15 years of age. As a result, even though a husband makes unnatural sex defined under Section 377 IPC with his adult wife, it is not considered a crime.
The court considered it “perverted” in relation to the conviction of the appellant under Section 304 IPC. The court said, “How the crime is related to the current facts of the case under Section 304 of the IPC and how it has been proved by the prosecution, yet it has convicted the appellant under Section 304 IPC, which is in addition to deformity and clear illegality There is nothing else, which should be intervened by this court. ” The court ordered the appellant to be acquitted of all the allegations and ordered to be released from jail.