Bilaspur. Creating unnatural sexual relations with her without a wife’s consent is not a crime. The High Court has given an important verdict in one case. The court said that the husband cannot be prosecuted for rape or unnatural sex under Section 376 of the Indian Penal Code (IPC). Even if he has unnatural sex with him without the consent of his adult wife.
The single bench of Justice Narendra Kumar Vyas called the wife’s consent in such cases legally insignificant and said that if the wife is not under the age of 15, then the husband has any sexual relationship or sexual act done by his wife with his wife. Under these circumstances, rape cannot be called, so a crime is not committed against the appellant under sections 376 and 377 of the IPC.
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 he deteriorated. A report was filed 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, stating that she fell ill due to forced sexual relations by her husband. He died on the same day.
After evaluating evidence, the trial court convicted the appellant under Section 377 (unnatural offense), 376 (sentence 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 the crime has no place under Section 377 IPC in view of the revised definition of Section 375 IPC. 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 from all the allegations.