Raipur: 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, the Chhattisgarh High Court on Thursday acquitted a man charged with marital rape.
The High Court, however, upheld charges framed against the man under Section 377 (unnatural sex) of the Indian Penal Code (IPC).
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The High Court observed that his act of making unnatural physical relation with the wife attracted the said offence.
Justice N.K. Chandravanshi while reading out the judgement 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,” he added, Live Law reported.
The man was discharged under Section 376 of the IPC.
"Therefore, charge under Section 376 of the I.P.C. framed against the applicant No. 1/husband is erroneous and illegal. Hence, he is entitled to be discharged from the charge under Section 376 of the I.P.C,” the High Court said.
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The High Court, however, upheld the charges under Sections 377, 498A and 34 of the IPC.