Any sexual act, including unnatural and non-consensual, by husband with major wife not rape: Chhattisgarh HC
Bilaspur: The Chhattisgarh High Court set aside a trial court convicting a husband for rape and unnatural sex with his wife, who later died, saying if the age is a major, then any sexual intercourse or sexual act by the husband with her wife cannot be termed as rape and absence of consent of wife for unnatural act loses its importance in view of the Exception 2 to section 375 (rape) of the Indian Penal Code (IPC).
Justice Narendra Kumar Vyas acquitted the husband while hearing an appeal filed by him against the trial court order convicting and awarding him ten years of rigorous imprisonment for the offences under sections 375, 377 (unnatural sex) and 304 (causing death by negligence) of IPC.
“If the age of wife is not below age of 15 years then any sexual intercourse or sexual act by the husband with her wife cannot be termed as rape under the........
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