The Superior Court of Chhattisgarh has said that the sexual relations or sexual acts of a man with his wife is not a violation and, therefore, if any unnatural sex as defined in section 377 of the Indian Criminal Code is committed by the Husband with his wife, so that can not be treated as a crime.
The court heard an appeal filed by a 40 -year – [and died subsequently] due to the forced physical relationship.
The session court had convicted it under sections 377 (unnatural sex), 376 (violation) and 304 (guilty homicide that does not equals murder) of the Criminal Code of India, 1860, and sentenced him to suffer rigorous prison for 10 years. The Court of First Instance had sentenced the appellant for a dying statement of the wife.
Drinking the appellant on February 10, Judge Narendra Kumar Vyas of the Superior Court wrote in the order: “Therefore, it is quite vivid that if the wife of the wife is not less than 15 years, then any sexual relationship or sexual act For the husband with the husband with his wife, it cannot be called rape under the circumstances, since such an absence of wife consent for the non -natural act loses its importance, therefore, this court is of the opinion considered that the crime low Section 376 and 377 of the CPI is not done outside. ”
The court also expressed doubts about the “correction of the dying declaration”
Published – February 12, 2025 03:11 am isth
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