Forced sex with wife does not amount to rape: C’garh HC

Bilaspur, Aug 26: The Chhattisgarh High Court has discharged a 37-year-old man in a rape case filed against him by his wife after observing that sexual intercourse or any sexual act with a legally wedded wife is not rape even if done by force or against her wish.
However, the HC did not grant any relief to the man who was also charged under IPC section 377 (unnatural offences). Justice NK Chandravanshi delivered the judgement on August 23 in a criminal revision plea filed by the man and his two family members, seeking to quash rape charge (against him) and other offences framed against them, their lawyer YC Sharma said on Thursday.
As per the order, the victim married the man, a native of Changorabhata in Raipur, in 2017. After a few days of marriage, the woman’s husband and her two in-laws allegedly started harassing her for dowry. The woman later lodged a complaint at the Bemetara police station of Bemetara district against the three.
After investigation, a charge-sheet under section 498-A (dowry harassment), 377 (unnatural offences), 376 (rape), 34 (common intention) of the IPC was filed against them. (PTI)