Bilaspur: The Chhattisgarh High Court has given a big verdict on the husband in the rape case of his wife. In the case, the Chhattisgarh High Court has held that sex or sexual act by force or against the will of a legally married wife is not rape. However, the age of the wife should not be less than 18 years. The court has acquitted the husband of the charge of rape in this case. Whereas in the same case, charges have been framed on the husband in the case of other charges of the wife, in which the wife had accused the husband of doing unnatural acts with her. The court of Justice NK Chandravanshi of Chhattisgarh High Court has given this decision.
In fact, a woman resident of Bemetara district had filed a case against her 37-year-old husband for forcibly having sex with her and against her will. A case of dowry harassment was also registered against the husband and some members of his family. It was told in the complaint that she was married in the year 2017. After marriage, the husband had physical relations with her many times against her will and tortured her for dowry. In this case, the sessions court of Bemetara had framed charges against the husband under sections 498, 376, 377, and 34, against which the husband had applied in the High Court.
The court said
Relying on Exception II of Section 375 of the IPC, the Court of Justice NK Chandravanshi said- “Sexual intercourse or sexual act by a man with his wife, whose wife is not less than eighteen years of age, is not rape. In this case, the complainant is the legally married wife of Applicant No. 1, therefore sexual intercourse or any sexual act by Applicant No. 1/husband with her shall not amount to an offense of rape, whether by coercion or against her will.”
Guilty of unnatural act
The wife had said in her complaint that her husband did unnatural acts with her. Under this, he puts a finger in his private part and not only this, once he also puts radish in her private parts. In this case, the court has framed charges against the husband under section 377. The court has said that having unnatural sex in any way is a crime.
The Court observed that “However, apart from inserting finger and radish into the genitals of the complainant, he has not stated what other unnatural bodily relations he had with the complainant, which is a matter of evidence, but, only on that ground, Section 377 Charges have been framed under IPC cannot be said to be wrong at the stage of framing of charges, in particular, in terms of section 377 of IPC, where the prime intention of the offender is to obtain unnatural sexual gratification, repeatedly inserting an object into the sexual part of the victim and results in sexual pleasure, such act shall constitute a bodily intercourse against the order of nature and such act shall attract a component of an offense under section 377 of the IPC.”
