High court defers trial against man booked for wife’s rape

CHANDIGARH: The high court has asked a court in Hoshiarpur to defer trial against a man who was booked for raping his wife, on latter’s complaint.

The high court bench of justice Amol Rattan Singh acted on the plea of a Palampur (Himachal Pradesh) resident, who had got married to a woman in Hoshairpur in 2019. She got registered a case of rape and criminal conspiracy against him, his mother and sister, both widows, his lawyer Arnav Sood said.

The court was told that challan was submitted by the local police on April 5, 2021, and the framing of charges is awaited.

“No offence is made out as woman is legally wedded wife of the petitioner. The mother and sister resided in Palampur, they had nothing to do with the allegations,” Sood had told the court, seeking quashing of the FIR and adding that no probe was conducted by the police.

“.. even if the aforesaid allegations are taken to be true then also no offence under section 376 IPC (rape) is made out against the petitioners. The respondent number 2 (wife) could have initiated prosecution under the Domestic Violence Act. By no stretch of imagination Section 376 (Indian Penal Code) is attracted in the present case,” Sood had argued.

It was further submitted that as per exception 2 to Section 375 of the IPC, which defines rape — sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.

When the first offence cannot statutorily stand, the question of any offence punishable under Section 120-B (criminal conspiracy) of the IPC also cannot stand, the plea adds.

“In the meanwhile, till the next date of hearing only and specifically, the trial court is directed to adjourn the matter to a date beyond what is given by this court, till the next date of hearing,” ordered the bench of justice Singh while fixing the matter for hearing on September 27.