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News : Allahabad High Court: Marital Rape Not a Crime if Wife is 18 or Above, Acquits Accused in Dowry Cruelty Case

Marital rape is not a crime if the wife is eighteen year’s or above.
  • Recently, Allahabad High Court said marital rape is not a crime if the wife is eighteen year’s or above.
  • The case involved a husband being cruel to his wife for dowry, involving unnatural intercourse that harmed her private parts.
  • Trial court charged the husband with various sections including 498-A, 323, 504, 377 IPC, and 34 DP Act.
  • Appellant Court convicted the accused for unnatural offenses like sodomy and oral sex without consent.
  • High Court noted marital rape isn’t a crime in the country yet, especially when the wife is 18 or older.
  • Referring to a previous case, the court mentioned that a person can be liable for sexual assault if involving a girl child below 18.
  • High Court discussed a case where the Supreme Court limited the exception for husbands raping minor wives.
  • The court found issues with the evidence in the case, questioning the timing and medical support for allegations.
  • Despite concerns, the High Court stated protection from marital rape remains for wives aged 18 or older.
  • As a result, the court partially allowed the revision and acquitted the accused.