“Unnatural sex with wife, even without consent, not an offence,” says Chhattisgarh High Court while acquitting husband whose wife died after anal sex

The Chhattisgarh High Court has recently held that non-consensual unnatural sex or any other non-consensual sexual act committed by the husband on his major wife is not an offence.

In light of the above, the High Court acquitted a Jagdalpur resident who was convicted for rape, unnatural offence and causing death of his wife through his sexual act of inserting his hand up the rectum of his wife.

If the age of wife is not below age of 15 years then any sexual intercourse or sexual act by the husband with his wife cannot be termed as rape as such absence of consent of wife for unnatural act loses its importance, Justice Narendra Kumar Vyas noted.

Justice Vyas made the observations while acquitting the man, who was arrested in 2017 and convicted by a trial court in Bastar district of charges under IPC sections 376 (rape), 377 (unnatural sex) and 304 (culpable homicide not amounting to murder) after the death of his wife.

What's the case?

The accused husband had allegedly inserted his hand in the anus of his wife. She later complained of pain and was admitted to hospital where she passed away.

However, before her death, her dying declaration was recorded wherein she stated that due to unnatural sexual act committed by her husband against her will, she became ill.

The doctor who conducted the post mortem said that she died of peritonitis and rectal perforation.