Home > Recent Judgements > If A Husband And Wife Have Forced Sexual Relations, It Cannot Be Deemed “Rape”: Gauhati High Court
Oct 11, 2024
BACKGROUND OF THE CASE
In this case, Md. Farid Ali v. The State of Assam & Anr., An Informant who is the victim’s father registered an FIR registering accusations of kidnapping against the accused persons on August 2, 2014. The victim, was later recovered from the accused’s house, and a case was registered under Sections 342, 366, and 376 of the Indian Penal Code (IPC), 1860. As proposed by the charge, the victim was said to have been abducted, confined, and engaged in forced sexual relations with the victim. However, the accused stated that they were in relationship and had eloped and had been married through Muslim marriages. The victim did not scream out during the alleged abduction or during the marital ceremonies or with respect to the families despite being in possession of a mobile phone. The Gauhati High Court further held that in the facts of this case, the victim was in fact an adult, consensual marriage has occurred and no threats were present and so overruled the findings of the trial court stating that in the case of husband and wife aged over of 15 years, acting against her husband’s wishes does not amount to rape under Exception 2 of Section 375 IPC.
ISSUES
- Whether the appellant applied force or coercion?
- Whether the marriage between the accused and the victim was valid?
- Whether the sexual intercourse between the accused and victim can be considered as rape?
- Whether the evidence provided by the prosecution sufficiently proved the guilt of the accused beyond reasonable doubt?
JUDGEMENT
The High Court of Gauhati quashed the conviction of the accused awarded by the trial judge under Section 376 IPC, who was sentenced to seven years of imprisonment for raping the victim. The court pointed out that the victim who was a major, had voluntarily accompanied the accused, and they got married according to Muslim customs. Although it was unnatural to do so, the victim had many chances to raise an alarm or inform her parents of what was going on, during the journey while in possession of her mobile phone, but she did not. The court pointed out that the accused did not have any evidence to prove that he had confined or even assaulted his victim and more importantly, ruled that since the two were married, any form of sexual penetration even if it was by force could not be adjudged as rape in Law due to Exception 2 to Section 375 of the IPC. The court therefore held that the prosecution had not substantiated its case beyond reasonable doubts and set aside the conviction and sentence by the trial court.
ANALYSIS
In this case the Gauhati High Court overturned the conviction for rape of the accused and the punishment imposing, holding that since the accused persons and the victim are legally wedded husband and wife, and the victim is of legal age, any act of sexual intercourse between the two, not based on consent, would not constitute rape under Exception 2 to Section 375 of the IPC. Further the court observed, there was not much evidence to suggest that the victim was bound or that any physical violence was applicable during their companionship and the accusation was not proved by evidence up to the degree of necessity. Therefore, the sentence of the trial and conviction entered in the records was reversed.
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