Symbolic photo.
The Chhattisgarh High Court has given a big verdict on Monday. The court has said that a case cannot be launched for the crime of rape under Section 376 of BNS or unnatural sex crime under Section 376 of BNS to have unnatural sex even without his consent with the adult wife. According to LIVE LAW, the single bench of Justice Narendra Kumar Vyas said- “It is clear that if the wife is not less than 15 years of age, then the husband did not call any sexual intercourse with the wife or sexual act as rape in such circumstances. Can go. Because the absence of wife’s consent for unnatural acts loses its importance, therefore, this court believes that a crime is not committed against the appellant under sections 376 and 377 of the IPC.
What is the whole matter?
In fact, the appellant in the court is the husband of the deceased and victim. According to LIVE LAW, the appellant had unnatural sex against the victim against her consent. The victim had complained of pain and was then admitted to the hospital. The victim’s statement was recorded before the death by the Executive Magistrate. The victim had given a statement that she had become ill due to forcibly having sex by the husband. After this, the victim died on the same day.
Trial court convicted
The trial court convicted the husband for committing an offense under Section 377 (unnatural offenses), 376 (sentence for rape) and 304 (punishment for culpable homicide). The husband filed an appeal before the High Court.
What did the court say in the verdict?
The court has said in its judgment that if the wife is not less than 15 years of age, then no sexual act can be called rape by the husband under any circumstances. In this way, the importance of lack of consent of wife for unnatural acts ends. For this reason, a crime is not committed against the appellant under sections 376 and 377 of the IPC. The court said that as far as the appellant is convicted under Section 304, which is nothing but distortion and patent illegality. The court said that it is eligible for the intervention of this court. For this reason, the court has acquitted the appellant husband from all the allegations. The court has ordered the husband to be released immediately from jail custody.
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