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Home ยป ‘S*x with wife is not rape, even if it is forced’: Chhattisgarh High Court

‘S*x with wife is not rape, even if it is forced’: Chhattisgarh High Court

Minor Girl raped by Father, brother, grandfather, uncle over 5 years

Ground Report | New Delhi: S*x with wife is not rape; The Chhattisgarh High Court on August 26 acquitted the accused of alleged rape of his wife, observing that “se*ual inte*course by the husband with a legally married wife or any se*ual act is not rape, Even if it was done forcibly or against her will.”The court, however, upheld the charges leveled against the man under section 377 (unnatural s*x) of the Indian Penal Code (IPC).

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S*x with wife is not rape

Justice NK Chandravanshi, relying on an exception under section 375 of the IPC, said: “s*xual intercourse with his wife or a s*xual act, if the wife is not less than 15 years of age, not rape.” In this case, the complainant is the legally married wife of the applicant, therefore, se*ual intercourse or any se*ual act by the husband with her would not constitute an offense of rape, even if it was forcibly or against her will.”

The wife has alleged in her complaint that a few days after her marriage, she was brutally abused and tortured for dowry. She has also alleged that her husband had unnatural se* with her.

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The wife’s complaint alleges that she was subjected to cruelty, abuse, dowry, and violence. She also alleged that her husband had unnatural s*x with her and se*ually assaulted her. She said that despite her protests, he inserted his fingers and radish into her Genitals.

On the basis of se*ual abuse, the court observed, “Where the prime intention of the offender is to obtain unnatural se*ual gratification, the repeated insertion of an object into the se*ual part of the victim and consequently to obtain se*ual pleasure, such an act shall be regarded as an erotic act.” I will have intercourse against the order of nature.”

People criticized 

Many people expressed their displeasure on Twitter. Users said that this decision goes a long way in the direction of making marital rape a crime. At the same time, many users said that the consent of women is important in se*ual intercourse and the court should understand this.

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