Unnatural sex with wife without her consent not offence, rules Chhattisgarh High Court
PTC News Desk: The Chhattisgarh High Court has ruled that sexual intercourse between a man and his wife without her consent, cannot be treated as an offence. The held the judgment while acquitting a Jagdalpur resident who was convicted of rape and other charges.
Marital rape is not punishable by law in India. The High Court judgment now leaves unnatural sex out of the ambit of punishment as well.
Accused of unnatural sex and culpable homicide not amounting to murder, he was convicted by a trial court, but got relief from the High Court.
f the age of wife is not below age of 15 years then any sexual intercourse or sexual act by the husband with his wife cannot be termed as rape as such absence of consent of wife for unnatural act loses its importance, the single bench judge noted.
As per the prosecution, the man, a resident of Jagdalpur, the headquarter of Bastar district, was arrested on December 11, 2017, based on the statement of his wife recorded before an executive magistrate before she died the same day at a government hospital.
On December 11, 2017, the woman complained of pain and told her family members that her husband allegedly committed unnatural sex with her against her will. Dying declaration of the victim was recorded before the magistrate wherein she has made a statement that due to "forceful sexual intercourse" by her husband she became ill, it said.
- PTC NEWS
