Forced sex after marriage not rape: Court

Courtesy – The Times of India (04-12-2012)

New Delhi: A man has been acquitted by a Delhi court of charges of raping his wife on the ground that having sexual relation with his spouse, even forcibly, does not amount to “marital rape”.
District Judge J R Aryan let off accused Hazi Ahmed Saeed, agreeing with his counsel’s submission that the Indian Penal Code does not recognize any concept of marital rape.
“The defence counsel rightly argued that the IPC does not recognise any such concept of martial rape. If complainant was a legallywedded wife of accused, the sexual intercourse with her by accused would not constitute offence of rape even if it was by force or against her wishes,” the court said.
It transferred the case back to a magisterial court as the rest of the alleged offences, including those of causing hurt, criminal intimidation and theft, for which the accused was chargesheeted, were triable by a magistrate.
The woman filed the case in 2007.The police had said in its charge sheet that Saeed had maintained physical relations with the complainant after their marriage and it could be a possibility that those physical relations were against her consent and wish. PTI

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