- Wednesday, February 12, 2025
The Chhattisgarh High Court acquitted the man, who was arrested in 2017 and convicted by a trial court, after the death of his wife
By: India Weekly
SEXUAL intercourse, including unnatural act, by a man with his adult wife, even without her consent, can not be treated as an offence, the Chhattisgarh High Court held while acquitting a Jagdalpur resident who was convicted of rape and other charges.
Justice Narendra Kumar Vyas made the observations while acquitting the man, who was arrested in 2017 and convicted by a trial court in Bastar district after the death of his wife.
The judgment in the case was reserved by the court on November 19 last year and delivered on Monday (10).
If the wife is above 15 years then any sexual intercourse or sexual act by the husband cannot be termed as rape, hence absence of consent of wife for unnatural act loses its importance, the single bench judge noted.
As per the prosecution, the man, a resident of Jagdalpur in Bastar district, was arrested on December 11, 2017, based on the statement of his wife recorded before an executive magistrate before she died the same day at a government hospital.
On December 11, 2017, the woman complained of pain and told her family members that her husband allegedly committed unnatural sex with her against her will.
Dying declaration of the victim was recorded before the magistrate wherein she has made a statement that due to “forceful sexual intercourse” by her husband she became ill, it said.
On February 11, 2019, the Additional Sessions Judge (Fast Track Court or FTC) at Jagdalpur convicted the man and sentenced him to rigorous imprisonment for 10 years.
The man later approached the high court in Bilaspur challenging the lower court’s judgment.
During hearings, the counsel for the man submitted that there was no legally admissible evidence available on record against the appellant and his client has be convicted only on the basis of the victim’s statement.
He contended the trial court had not considered the statements of two witnesses who told the court in Jagdalpur the woman was suffering from piles soon after her first delivery, on account of which she used to bleed and experience pain in the abdomen.
He termed the trial court’s reliance on the dying declaration as “doubtful”.
The counsel appearing for the state government supported the impugned judgment of the trial court and prayed for dismissal of the appeal.
The high court said that in view of amended definition of Section 375 IPC, sexual intercourse or sexual acts by a man with his own wife is not a rape.
Therefore, if any unnatural sex, as defined under section 377, is committed by the husband with his (major) wife, then it can also not be treated to be an offence, the court noted.
The judge quashed the earlier judgment and acquitted the man of all charges. He ordered his immediate release from jail. (PTI)
