Indore High Court Absolves Man Over Unnatural Sex Allegation

The Indore bench of Madhya Pradesh High Court has cleared a 40-year-old man of charges under Section 377 of the IPC, following allegations by his wife. The court upheld the consent factor in marital relationships and dropped charges, but retained the cruelty charge under Section 498-A.

The Indore bench of the Madhya Pradesh High Court has acquitted a 40-year-old man accused by his wife of engaging in unnatural sex, a claim which she said led to an infection.

In his judgment, Justice Prem Narayan Singh highlighted that any sexual act by the husband with his spouse, who is not below the age of fifteen, does not constitute rape, rendering consent irrelevant in the situation. He stated, "As such, the FIR's allegations do not qualify as an offense under Section 377 of IPC against petitioner no.1. Therefore, petitioner no.1 is discharged from the offense under Section 377 of IPC."

Although the court dismissed the charges under Section 377 (unnatural act), Section 294 (abuse), and Section 506 (threatening) of the IPC, it declined to quash Section 498-A (cruelty to a woman by her husband or his relatives). The woman's FIR filed in Mandsaur district also accused the husband and his family of physically and mentally torturing her for a dowry of Rs 20 lakh.

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