Unnatural Sex With Adult Wife, Not Rape: MP High Court
The bench noted that the definition of rape was expanded to include acts such as anal and oral penetration: Reports
BHOPAL: The Gwalior bench of the Madhya Pradesh high court has held that unnatural sex with an adult wife does not constitute rape.
In its order delivered in a case related to sexual abuse charges made by a woman against her husband, single bench of Justice Milind Ramesh Phadke observed that any sexual intercourse or sexual acts committed by the husband upon his adult wife do not constitute rape, and therefore, the aspect of the consent is immaterial.
The bench noted that the definition of rape was expanded to include acts such as anal and oral penetration.
Such oral or anal penetration does not invoke section 377 of Indian Penal Code (IPC) between a husband and wife during the subsistence of marriage, the bench observed.
Partially quashing the FIR filed against the husband by the wife, the bench ruled that ‘…...sexual intercourse or sexual acts by a husband with his wife (not being a minor) do not constitute rape, thereby rendering the aspect of consent within marriage legally immaterial for the purpose of prosecuting such acts as rape.’
Consequently, the proceedings against the husband for the offence punishable under section 377 of IPC are hereby quashed, the court ordered.
The court, however, did not quash the other proceedings against the husband.
The wife filed the FIR against her husband accusing him of demanding dowry, abusing her physically and sexually.
She also alleged that her father-in-law, mother-in-law and sister-in-law subjected her to physical harassment.
The FIR was filed under section 498A (cruelty), section 354 (assault), section 377 (unnatural offences), section 323 (voluntarily causing hurt), section 294 (obscene acts), and section 506 (criminal intimidation) of IPC.