Guwahati: A man who was accused of marital rape has been discharged of the charges by the Chhattisgarh High Court in the context that any sexual act done by a husband with his legally married wife is not raped even if it was done against her wish.
According to reports, a woman had filed a case against her husband for making unnatural physical relations with her. She further accused her in-laws of harassing her for dowry.
Relying on Exception II of Section 375 of the IPC Justice NK Chandravanshi said that sexual intercourse or any sexual act by a man with his wife and the wife not being under the age of eighteen years is not rape, “even it was done by force or against her will”. In this case, the complaint of the wife would not constitute an offense of rape.
“Therefore, charge under Section 376 of the IPC framed against the husband is erroneous and illegal. Hence, he is entitled to be discharged from the charge under Section 376 of the IPC”, the court said.
The court further said that action would be taken against her in-laws for allegedly harassing her for dowry.