Introduction
The Indore Bench of the Madhya Pradesh High Court has upheld the acquittal of a man accused of unnatural sex with his wife. The Court ruled that marital rape between married partners do not attract criminal charges under current Indian laws.
Case Background
The petitioner, the man’s wife, filed an FIR alleging cruelty, dowry demands, and unnatural sexual intercourse. Charges were filed under Sections 498-A, 377, 323, 294, 506 read with Section 34 of IPC, and Sections 3 and 4 of the Dowry Prohibition Act.
She claimed her husband subjected her to physical abuse and forced unnatural sex during their marriage. The trial court acquitted the husband of the offence under Section 377 of IPC. The wife challenged this acquittal in the High Court through a revision petition.
Petitioner’s Stance
The petitioner’s counsel argued that the trial court erred by discharging the husband under Section 377 despite clear evidence. They claimed the husband forced the wife into unnatural sexual acts, which should be punishable under law.
Court’s Ruling
Justice Binod Kumar Dwivedi dismissed the petition, referring to key rulings, including Navtej Singh Johar v. Union of India and Umang Singhar v. State of Madhya Pradesh. The judge observed that the Supreme Court decriminalized consensual unnatural sex in Navtej Singh Johar.
The Court clarified that marital rape is not yet recognized under Indian law. It noted that under the amended Section 375 of IPC, sexual acts between a spouse are not considered rape, even if done without the wife’s consent, unless the wife is under 15 years of age.
In Manish Sahu v. State of Madhya Pradesh, the Court ruled that unnatural sex within marriage does not amount to rape or an offence under Section 377 if the wife is above 15 years and the marriage is valid. The Court emphasized that the law currently does not recognize marital rape, making consent in such cases legally insignificant.
Final Verdict
Citing these precedents, the Court upheld the husband’s acquittal. It held that the FIR allegations did not establish an offence under Section 377. The revision petition was dismissed.
Conclusion
The judgment reinforces the legal position that marital rape remains unrecognized under IPC. It also underlines the limited scope of Section 377 after its partial decriminalization by the Supreme Court.
