Raipur: Sexual relations or sexual actions by a man with his wife, who is not under 18 years old, is not a rape even if it is forced or to his desire, “observed the Chhattisgarh High Court while removing a male rape of fees.
The complainant has accused that her husband has made “unnatural physical relationships” with him several times.
In his complaint to the police, filed an effort to resolve their disputes in vain, the woman also accused her husband and two relatives began to harass him to dowry in a few days after marriage.
On January 22 this year, the Additional Judge Bemetara session ordered the framing of fees below the IPC 376 (rape), 498A (Mahar Harassment), 377 (unnatural violations) and 34 (general intentions) to the husband, and under Section 498- A against two relatives.
When the defendant moved the High Court, Justice NK Chandravanshi gave a verdict on August 23, upholding other accusations but removing a husband from rape.
“The complainant is a legally bound wife …
Therefore, sexual intercourse or sexual acts with a husband is not a violation of rape, even if it is forced or against his wishes,” the command word, added that the framing of the cost below the cost 376 IPC thus “wrong and illegal”.
The court, however, demanded the allegations of a husband under the part of the 377 IPC, observed that if “the dominant intention of the perpetrator was to obtain sexual satisfaction in an unnatural manner”, it would withdraw the relevant IPC section related to unnatural violations.
‘Sexual action by a husband is not a rape, even if forcefully’
