Incorrect syntax near 's'. Unclosed quotation mark after the character string ') order by NEWID()'. Sex without wife's connsent not rape: Gujarat High Court, National : Today Indya

Latest News

  • Home
  • National
  • Sex without wife's connsent not rape: Gujarat High Court
Sex without wife's connsent not rape: Gujarat High Court
Tuesday, April 3, 2018 IST
Sex without wife

Non-consensual sexual intercourse with wife is not rape, the Gujarat High Court ruled on Monday.

 
 

Justice JB Pardiwala's ruling came in connection with a petition filed by a doctor who approached the court to get an FIR filed against him by his wife quashed.
 
The court observed that a husband cannot be prosecuted for the offence of rape at the instance of his wife due to exception II in Section 375 of the IPC.
 
It should be noted that the exception provides that sexual intercourse by a man with his own wife (when she is above the age of 18 years) is not rape.
 
The court also observed that the wife can initiate proceedings against the husband for unnatural sex under section 377 of the IPC as consent is not a determining criterion in the case of unnatural offence.
 
The court also sought investigation under sections for outraging the modesty of the wife (section 354) though that offence was not made out in the original FIR filed with the Idar Police Station in Sabarkantha district.
 
A lady doctor had filed an FIR with the Idar police, accusing her husband of rape, unnatural sex and dowry harassment, following which the husband moved the court to quash the FIR.
 
The court, however, refused to quash the dowry complaint against the husband stating that a prima facie case was made out. It also directed the DSP of Himmatnagar to monitor the investigation and to look into the grievance of the victim that the FIR was not written as per what was actually stated by the victim (the wife).
 
The court apart from quashing the sections of rape in the FIR also quashed the FIR against the parents of the accused doctor.
 
Letting off the parents, the court observed that as usual in a dispute between the husband and wife, the parents of the husband have also been dragged into the prosecution.
 
It also rejected the wife's request that the case be investigated by the state CID crime or CBI.
 
THE CASE
 
A lady doctor had filed an FIR with the Idar police, accusing her husband of rape, unnatural sex and dowry harassment, following which the husband moved the court to quash the FIR

 
 
 
 
 

Related Topics

 
 
 

Trending News & Articles

 Article
Here is the full list of 827 porn websites banned by the DoT

While the Uttarakhand High Court has asked to block 857 websites, the Ministry of Electronics and IT (Meity) found 30 portals without any pornographic content. ...

Recently posted . 64K views . 1 min read
 

 Article
Class XII Boys Raped 16-Year-old in Dehradun School After Watching Porn on Phone: Police

The four boys as well as five school officials, including the director and principal, were arrested after the incident. The minors were presented before the Juvenil...

Recently posted . 9K views . 1 min read
 

 Article
Sept 27,2001 Rahul Gandhi and his girl friend Veronique,was arrested in Logan airport in Boston

Rahul was having an Italian passport and was carrying suitcase full of dollars. Some say it was about was it $2 million. Rahul and his girl friend was th...

Recently posted . 9K views . 7 min read
 

 Article
TOP 10 GYM EQUIPMENT BRANDS IN INDIA 2017

True – Tr...

Recently posted . 8K views . 83 min read
 

 
 

More in National

 Article
33 billionaires and counting, Bengaluru to witness fastest growth of super rich

Bengaluru has 33 billionaires in 2018, an increase from 30 in 2017 and 26 in 2013, according to the report by a London-based consultancy.  

Recently posted. 595 views . 1 min read
 

 Article
US gives nod to Biocon-Mylan's biosimilar of cancer drug Herceptin, revenues expected from FY19

In major breakthrough, Mylan and Biocon said that USFDA has approved Mylan’s Ogivri, a biosimilar to Swiss biotech giant Roche's blockbuster cancer drug...

Recently posted. 584 views . 1 min read
 

 Article
'Is it a Coffee Stain?' Bride's Friend Shames Her for Eco-Friendly Wedding Dress Made of Hemp

One of the bride's friends posted the photo of the woman in the hemp-made wdding dress on a Facebook group called 'That's it, I'm Wedding Shaming&...

Recently posted. 718 views . 1 min read
 

 Photo
Ever Wondered How India Looks From Space



Recently posted . 2K views
 

 Reviews
Top CBSE schools in Noida



Recently posted . 3K views . 88 min read
 

 Article
Siachen Glacier, World's Highest Battlefield, Now Open For Tourists

Once a demilitarized zone, Siachen became a zone of conflict between India and Pakistan since 'Operation Meghdoot' in 1984.

Recently posted. 708 views . 0 min read
 

 Article
Uttar Pradesh asks Centre to rename Bareilly, Kanpur, Agra airports

According to a proposal from the state civil aviation department, the Bareilly airport is to be named ‘Nath Nagri’, which is believed to be an ancient...

Recently posted. 651 views . 1 min read
 

 
 
 

   Prashnavali

  Thought of the Day

Live in such a way, that if your children are ever asked for the definition of kindness, love, mentor, integrity & loyalty, they answer ”My Parents”..Good Morning
Anonymous

Be the first one to comment on this story

Close
Post Comment
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST


ads
Back To Top