Sex between man and wife not rape even if by force: Chhattisgarh HC

The Chhattisgarh high court on Thursday acquitted a man charged with marital rape stating sexual intercourse or any sexual act between legally wedded couple is not rape even if done by force. The court, however, upheld charges framed against the man under Section 377 (unnatural sex) of the Indian Penal Code (IPC).According to a report in LiveLaw, the woman has levelled allegations of harassment for dowry and domestic abuse against her husband and her in-laws. 
She has also made specific allegations of her husband engaging in unnatural physical relations with her despite her protests.

Reading out the order, Justice NK Chandravanshi of the Chhattisgarh High Court said, “sexual intercourse or sexual act by a man with his wife, the wife not being under 18 years of age, is not rape."  “In this case, the complainant is legally wedded wife of applicant No 1, therefore, sexual intercourse or any sexual act with her by the applicant No 1/husband would not constitute an offence of rape even if it was by force or against her wish," the judge further said. The man was then discharged under Section 376 of the IPC, even though the court upheld the charges under sections 377, 498A and 34 under the same penal provisions.