अब नहीं मिलेगी पति को सजा Section 376- Rape & Section -377 Unnatural Sex

अब नहीं मिलेगी पति को सजा
Section 376- Rape & Section -377 Unnatural Sex

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पति पत्नी के बीच में कुछ भी अप्राकृतिक नहीं | IPC 377 Finished | New Law Doesn't Have Section 377

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S. 377 IPC | 'Unnatural' Sex By Husband With Wife Without Her Consent Is Not An Offence: Chhattisgarh High Court
"Sexual act by the husband with her wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance," the Court said.
Chhattisgarh High Court: In a criminal appeal filed by a husband convicted and sentenced under Sections 3761, 377, and 3042 of the Penal Code, 1860 (‘IPC’) for the rape and subsequent death of his wife, the Single Judge Bench of Narendra Kumar Vyas, J., allowed the appeal holding that no offence under Sections 376 and 377 could be committed between a husband and wife, and the impugned order of conviction suffered from perversity as the Trial Court provided no finding as to how the offence under Section 304 was made out....

Background On the night of the incident, the convict-husband committed unnatural sex with the deceased wife against her will. The husband inserted his hand in the anus of the deceased, due to which she complained of pain, and subsequently, was admitted to a hospital for treatment, an FIR was registered under Section 377 IPC, and the husband was arrested. The deceased eventually succumbed to her injuries, so an offence under Section 304 IPC was also added, and the husband was arrested. During the trial, the Executive Magistrate who recorded the dying declaration stated that though the deceased informed him that her husband had forcefully committed an unnatural sexual act with her, the same was not mentioned in the dying declaration. Additionally, the post-mortem stated that the cause of death was peritonitis and rectal perforation. Relying upon the dying declaration, the Trial Court held that the deceased became ill due to a forceful physical relationship with her husband and convicted the husband under Sections 377, 376, and 304 IPC and sentenced him to rigorous imprisonment of 10 years and a total fine of Rs 3000. Aggrieved, the husband filed the present appeal....

[Gorakhnth Sharma v. State of Chhattisgarh, 2025 SCC OnLine Chh 2287, decided on 10-02-2025]...

https://www.scconline.com/blog/post/2025/02/12/chhattisgarh-hc-acquits-husband-accused-having-unnatural-sex-under-s-377-ipc-with-wife-leading-her-death/
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