The Chhattisgarh High Court has discharged a man of the offence of marital rape after observing that sexual intercourse or any sexual act by a husband with his legally wedded wife is not rape even if it was by force or against her wish.
However, the Court went ahead to frame charges against him under sec. 377 of IPC after observing that his act of making unnatural physical relation with the wife attracted the said offence.
Relying on Exception II of Section 375 of the I.P.C., Justice N.K. Chandravanshi said:
“…sexual intercourse or sexual act by a man with his own wife, the wife not being under eighteen years of age, is not rape. In this case, complainant is legally wedded wife of applicant No. 1, therefore, sexual intercourse or any sexual act with her by the applicant No. 1/husband would not constitute an offence of rape, even if it was by force or against her wish.”
A criminal revision was preferred against a Sessions Court order which had framed charges under 498-A, 34, 376 and 377 against the husband and sec. 498A against in laws on a complaint was registered by the wife.
It was her case that after some days of marriage, they started harassing her for dowry and committed physical violence with her.
Specific allegations against the husband were that he had made unnatural physical relation with her by inserting fingers and radish in her vagina, despite her protest.
Partly allowing the revision petition, the Court discharged the husband under sec. 376 of IPC and upheld the charges under sec. 377, 498A and 34 of IPC.