New delhi:
Unnatural Sex Between a man and his adult wife does not merit punishment, the Chhattisgarh High Court Said in a Recent Judgment. The case involves a man whose wife die in hospital after unnatural sex. The doctor said She Had Peritonitis and Rectal Perforation.
Marital Rape is not punishable by law in India. The high court judgment now leaves unnatural sex out of the ambit of punishment as well.
Accused of unnatural sex and culpable homicide not amouncing to murder, he was convicated by a trial court, but Got reliable from the high court.
In Its Judgment, The Court said if the wife is more than 15 years old, “any sexual intercourse” or sexual act by the husband cannot be termed as Rape Under on Circumstation and SUCH Sent for unnatural act loses significance.
So offenses under section 376 and 377 of IPC Against the appellant cannot be made.
“The offense between husband and wife cannot be made out under section 375 IPC as per the reepeal made by way of amendment and in View of repugnaency between bothe the sections,” the lucky read.
The Supreme Court was hearing a clutch of petitions seeking criminalization of marital rape but the hearing got suspended as then
A new bench is expected to hear the matter.
The centers maintains that protection of the institution of marriage is essential and there is no need to criminalise Marital Rape. So it is not within the court's purview to take a decision on the matter.
During the hearing, the government also maintained that parloment has provided several measures to protect the content of a married woman withbin marriage.
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