MANISH SAHU VS STATE OF MADHYA PRADESH & OTHRS AS ON DATED 01 MAY 2024
On 1st May 2024 , Hon’ble Shri Justice Gurpal Singh Ahuwalia , against the routine quashing petition. The court said that “ The act of unnatural sex by a husband with his legally wedded wife residing with him is not an offence under Section 377 of IPC, no further deliberations are required as to whether FIR was lodged on the basis of frivolous allegations or not”
Court also finds that after considering the amended definition of “rape” as defined under Section 375 of IPC has already come to a conclusion that if a wife is residing with her husband during the subsistence of a valid marriage, then any sexual intercourse or sexual act by a man with his own wife not below the age of fifteen years will not be rape. Therefore, in view of the amended definition of “rape” under Section 375 of IPC by which the insertion of penis in the anus of a woman has also been included in the definition of “rape” and any sexual intercourse or sexual act by the husband with her wife not below the age of fifteen years is not a rape, then under these circumstances, absence of consent of wife for unnatural act loses its importance. Marital rape has not been recognized so far.
Court also finds that that even if the entire allegations made by Wife against the applicant / Husband are considered on their face value, still no offence under Section 377 of IPC would be made out.
