The Allahabad High Court stated that “protection of a person” from being charged in “marital rape continues in cases where the wife is of 18 years of age or more,” according to news agency while clearing a husband under section 377 of the IPC for allegedly having “unnatural sex” with his wife.
According to Justice Ram Manohar Narayan Mishra’s bench, marital rape is not yet a crime in the nation. Though there isn’t a criminal punishment for marital rape when the victim is a wife who is at least eighteen years old, the identical petitions are still pending before the Supreme Court to make marital rape a crime.
The bench also cited the ruling in the 2017 case of Independent Thought v. Union of India, in which the Supreme Court determined that any sexual activity involving a man and his wife who were both between the ages of 15 and 18 would be considered rape.
Judge Ram Manohar Narayan Mishra stated that “ingredients of unnatural sex, comprised under Section 377 IPC are included in Section 375 (a) IPC as observed by the High Court of Madhya Pradesh” in his decision to acquit the husband under section 377 of the IPC for allegedly having “unnatural sex” with his wife.
“Thus, on perusal of aforesaid judgement also it appears that protection of a person from marital rape still continues in the case where the wife is of 18 years of age or more than that,” according to PTI.
However, the court upheld his conviction and punishment for violating Indian Penal Code sections 323 and 498A, which deal with harassment for dowry.
A formal complaint was filed against the guy in Ghaziabad in 2013 under the Dowry Prohibition Act and sections 498A, 323, 504, and 377 of the IPC. He filed the revision petition after the trial court in Ghaziabad found him guilty and the appeal court affirmed the decision.
The high court observed that the appeal court’s conclusion of guilt regarding the charge under section 323, 498-A IPC was free of factual or legal errors. “Thus, on perusal of aforesaid judgement also it appears that protection of a person from marital rape still continues in the case where the wife is of 18 years of age or more than that,” according to PTI. However, the court upheld his conviction and punishment for violating Indian Penal Code sections 323 and 498A, which deal with harassment for dowry.
