Sexual intercourse, including unnatural act, by a man with his adult wife, can not be considered as an offense even if it is without her consent. The Chhattisgarh High Court, declaring a Jagdalpur resident who was convicted of rape and other charges free, stated that if the wife is above the age of 15, nonconsensual sex can not be treated as an offense since the absence of the woman's consent for an unnatural act loses its importance.
Justice Narendra Kumar Vyas, presiding over a single bench, stated that a wife's consent to sexual intercourse or unnatural acts is "insignificant" in such cases. Any unnatural sex as defined under Section 377 of the Indian Penal Code committed by the husband with his wife cannot be treated as an offence, as the wife's consent is no longer considered to be of relevance.
The accused individual, a resident of Jagdalpur, 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. She had informed the authorities that it was the forceful sexual intercourse by her husband that made her ill, in her dying declaration.
The post-mortem examination had revealed rectal perforations, and the cause of death was determined to be peritonitis and rectal perforation. Under sections 377, 376, and 304 of the Indian Penal Code, the husband was sentenced to ten years of imprisonment by the court.
However, the Chhattisgarh High court overturned the husband's conviction, citing the irrelevance of the wife's consent in such cases. The court acquitted the husband of all charges and ordered to release him from custody.
"It is quite vivid, that if the age of wife is not below age of 15 years then any sexual intercourse or sexual act by the husband with his wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance" the court said.
The controversial decision by Chhattisgarh HC is attracting massive criticism as many opine it as unlawful and against the basic rights.
(Input from various sources)
(Rehash/Jithin Paul/MSM)