In a recent judgment, the Chhattisgarh High Court ruled that unnatural sex by a husband with his wife without her consent is not an offense. The judgment was delivered by Justice Narendra Kumar Das. The sensitive and controversial case involves a man whose wife died after what is described as ‘unnatural sex’. Medical reports revealed that she had rectal perforation and peritonitis. The husband was initially charged with unnatural sex and culpable homicide and was convicted by a trial court.
However, the High Court offered him relief from the charges. While delivering the judgment, the court remarked if the wife is above 15 years of age, then any ‘sexual act or intercourse’ cannot be described as ‘rape’ under any circumstance. It further noted that the absence of the wife’s consent for unnatural sex stands irrelevant. Offenses under Sections 376 (rape) and 977 (unnatural sex) cannot be made against the appellant.
The man was arrested on December 11, 2017, and later convicted by a Bastar trial court under different sections of the Indian Penal Code (IPC) – 376, 377, and 304. On November 19, 2023, the high court reserved its verdict and delivered it on the 10th of February 2024. Reports stated that his wife had complained of pain, alleging that her husband engaged in unnatural sex against her will.
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