Unnatural Sex With Major Wife Without Consent Is Not Offence : Chhattisgarh High Court

Unnatural Sex With Major Wife Without Consent Is Not Offence : Chhattisgarh High Court

  • Case Name: Gorakhnth Sharma v. State of Chhattisgarh

The Chhattisgarh High Court acquitted Gorakhnth Sharma, convicted for rape, unnatural offence, and causing his wife's death

The Court ruled that non-consensual sexual acts by a husband on his major wife are not offences under Sections 375 or 377 IPC due to Exception 2 to Section 375.

Sharma was accused of inserting his hand into his wife's rectum, leading to her death.

The Court found the dying declaration not corroborated by any other evidence and noted the trial court failed to justify the Section 304 conviction.

Consequently, Sharma's conviction was overturned, and he was acquitted of all charges.

Court Judgment / 1 year, 1 month ago

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