The Karnataka High Court has refused to quash a rape case filed by a wife against her husband. The charges include offenses under Sections 376 (rape), 498A (cruelty to wife), and 506 (criminal intimidation) of the Indian Penal Code (IPC), along with provisions under the Protection of Children from Sexual Offenses (POCSO) Act, 2012.
Case Overview
The relationship between the couple deteriorated after several years of marriage, with allegations of physical and mental abuse against the wife and their child. The wife filed a detailed complaint citing severe sexual abuse, unnatural acts, and violence by the husband, both against her and their child.
The Special Court framed charges against the husband for multiple offenses, including rape, cruelty, and aggravated sexual assault under the POCSO Act.
Key Court Observations
Justice M. Nagaprasanna, in a strong statement, emphasized that the institution of marriage cannot grant men a license to commit acts of brutality against their wives. The Court highlighted the complaint’s disturbing allegations, including:
- The wife being treated as a “sex slave” since the beginning of their marriage.
- Forced unnatural sexual acts, even during pregnancy and in the presence of their child.
- Allegations of sexual abuse of their daughter.
The Court remarked that rape is rape, regardless of whether the perpetrator is the husband or another man. It criticized the exception for husbands under Section 375 of the IPC, calling it regressive and inconsistent with the principle of equality.
Marital Rape Exception Under Scrutiny
Justice Nagaprasanna pointed out that many countries, including the UK, have criminalized marital rape. In the UK, the exception for marital rape was abolished in 1991. The Court observed that while India still retains this exception, it reflects an outdated view of marriage and gender equality.
The Court clarified that it was not deciding whether marital rape should be fully recognized as a criminal offense but noted that the charges framed in this case required trial.
Conclusion
The High Court upheld the charges of rape and cruelty against the husband, ruling that the exception under Section 375 of the IPC does not apply in this case. The decision reinforces the principle that marriage cannot be used as a shield to justify acts of sexual violence.
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