Unnatural Sex With Adult Wife Withoiut Her Consent Is Not Offence, rules Chhattisgarh HC | File Photo
Raipur: The Chhattisgarh High Court ruled that unnatural sex with an adult wife without her consent is not an offence. The high court noted that a husband cannot be held for rape. It passed the verdict while hearing the Gorakhnth Sharma v. State of Chhattisgarh case in which a woman was died in hospital after having unnatural sex.
Notably, the man was convicted by a trial court for rape, unnatural offence and causing the death of his wife through unnatural sex, reported The Bar and Bench. Justice Narendra Kumar Vyas made the judgment on the basis of Exception 2 to Section 375 of the Indian Penal Code (IPC). As per the exception, sexual intercourse or sexual acts by a man with his wife is not rape if she is above 15 years of age.
Reactions:
Reacting to the judgment, Shiv Sena (UBT) leader Priyanka Chaturvedi, said, “Forced and unnatural sex by the husband that leads to wife’s death is not an offence. Only in India.”
Social Media Reactions:
Netizens expressed disappointment over the judgment. “Why is “inserting hand into her rectum” considered a sexual act? Why not treat it as a violent assault leading to death?” one of the users said.
“No rights for women? Not an equal citizen?” an X user wrote.
“Really this isnt even domestic violence?” another user wrote.
“From perusal of Section 375, 376 and 377 IPC it is quite vivid that in view of amended definition of Section 375 IPC, offence under Section 377 IPC between husband and wife has no place and, as such rape cannot be made out. It is pertinent to mention here that in the amendment in Section 375 IPC in the year 2013, Exception- 2 has been provided which speaks that sexual intercourse or sexual acts by a man with his own wife is not rape and therefore if any unnatural sex as defined under section 377 is committed by the husband with his wife, then it can also not be treated to be an offence,” the Court held as quoted by The Bar and Bench.
The Court acquitted the man. The accused, Gorakhnth Sharma, had allegedly inserted his hand in the anus of wife. After which, the woman complained of pain and was admitted to a hospital. However, she could not survive.
However, before dying, she gave dying declaration wherein she said that her husband committed unnatural sex due to which she fell ill. Sharma was booked for rape (Section 375) unnatural offence (Section 377) and causing death by negligence (Section 304) of the Indian Penal Code.
In the postmortem, the cause of death was due to peritonitis and rectal perforation. The trial court found Sharma guilty and sentenced him to ten years in prison. The man then approached the high court.
