Mumbai: The Chhattisgarh High Court acquitted a man of marital rape by ruling that sexual intercourse between legally wedded man and woman is not rape even if it is by force or against the wishes of the wife.
The High Court was hearing a criminal revision plea by the husband against the framing of charges based on the complaint by his wife. While charges under Section 376 (punishment for rape) were deemed to be ‘erroneous and illegal’, the court upheld the charges under Section 377 (unnatural offences) and Section 498A (relating to cruelty to women) against the husband.
“In this case, the complainant is legally wedded wife of applicant therefore, sexual intercourse or any sexual act with her by the husband would not constitute an offence of rape, even if it was by force or against her wish. Therefore, charge under Section 376 (rape) framed against the applicant husband is erroneous and illegal,” the High Court said.
Meanwhile, actress Taapsee Pannu and singer Sona Mohapatra have expressed shock at Chattisgarh High Court’s ruling. Taapsee retweeted a news clip on the same on Twitter and wrote, “Bas ab yehi sunna baaki tha (This was all that was left to hear).”
Sona wrote, “The sickness I feel reading this #India , is beyond anything I can write here.”