The Chhattisgarh High Court, in a recent judgement, ruled that a ‘sexual act’ committed by a husband on his wife, which is alleged to have led to her death, cannot be considered rape. Stating that consent of a wife is insignificant, the court acquitted the man, Gorakhnath Sharma, who had been convicted under Sections 376 (punishment for rape), 377 (unnatural offences), and 304 (punishment for culpable homicide not amounting to murder) of the Indian Penal Code (IPC) for alleged “unnatural sex and culpable homicide” of his wife by a trial court.
Justice Narendra Kumar Vyas, in the judgement, said, “If the age of wife is not below 15 years, then any sexual intercourse or sexual act by the husband with his wife cannot be termed as rape under the circumstances, as the absence of consent of wife for an unnatural act loses its importance. Therefore, this Court is of the considered opinion that the offence under Section 376 and 377 of the IPC against the appellant is not made out.” He further added that the prosecution had failed to establish the charges beyond a reasonable doubt and that the wife’s dying declaration did not inspire confidence and lacked corroboration.
The case goes back to December 11, 2017, when Gorakhnath allegedly raped his wife in a way the law categorises as ‘unnatural’, leading to fatal injuries. On February 11, 2019, he was convicted by the Additional Sessions Judge (Fast Track Court), Bastar, and sentenced to ten years of rigorous imprisonment.
The court observed that ‘marital sexual acts’, even if ‘unnatural’, do not constitute an offense under Section 377 IPC. Additionally, the bench found inconsistencies in the prosecution’s case. The trial court had relied heavily on the victim’s dying declaration, which the High Court ruled as unreliable. “When a dying declaration lacks corroboration and raises doubts, it cannot be the sole basis for conviction,” the judge said.
The High Court also struck down Sharma’s conviction under Section 304 IPC, stating that there was no clear evidence linking his actions to the victim’s death. Gorakhnath, who had been in jail since his arrest, was ordered to be released immediately.