Sexual intercourse or any sexual act between legally wedded couple is not rape, even if done by force, ruled the Chhattisgarh High Court on Thursday.
The court acquitted a man charged with marital rape, but upheld charges against him under Sections 377 (unnatural sex) and 498A (cruelty to women) against the husband.
The husband had filed a criminal revision plea against framing of charges based on his wife’s complaint.
Justice N K Chandravanshi referred to an exception under Section 375 of IPC, which states that “sexual intercourse or sexual act by a man with his own wife, the wife not being under 15 years of age, is not rape.”
Hence, “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,” the judge noted.
The wife had complained that she was subjected to cruelty, abuse and dowry harassment days after her marriage. She also alleged that her husband had unnatural physical relations with her, and despite protests, inserted his fingers and a radish in her vagina.
The judge took note of allegations of cruelty, which have been supported by her parents and “neighbouring witnesses”, and said: “I do not find any infirmity in framing charges under Section 498-A/34 of the IPC against the applicants.”
Interestingly, Kerala High Court had held earlier this month that marital rape is a valid ground for divorce even though it is not penalised in India.
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