Back HC nod for marital rape trial: Karnataka to top court

It said the HC had concluded that the “charge framed against” him “for alleged offence punishable under section 376 of IPC for alleged rape of his wife, in the peculiar facts of this case, does not warrant any interference” and “it is a matter of trial”.

The state pointed out that the police had registered an FIR against the man following a complaint filed by the wife in March 2017. The couple married in June 2006 and had a child.

The special court framed charges against the man for offences punishable under IPC sections 376 (rape), 498A (husband or relative of husband of a woman subjecting her to cruelty) and 506 (punishment for criminal intimidation) and sections 5 (m) and (1) r/w section 6 of POCSO (Protection of Children from Sexual Offences) Act.

His appeal was dismissed by the Karnataka High Court which allowed the trial court to also frame charges under IPC section 377 (unnatural offences) against him.

On this, the state said that “from the reading of the complaint and chargesheet, it is clear that the petitioner has indulged in the act of unnatural sex. Therefore, the charges framed have to include Section 377 of IPC also and further the Hon’ble High Court of Karnataka has rightly directed the trial court to frame charges under Section 377 of IPC as well.

The state government said that “contents in the complaint as well as charges in the charge sheet is a matter of trial. In the circumstances, the Court has rightly dismissed the writ petition exercising its jurisdiction under Section 482 of CrPC”

In July this year, the Supreme Court had stayed the March 23, 2022 order of the High Court. The matter has since been clubbed with other pleas challenging the Delhi High Court split verdict on petitions seeking to criminalise marital rape.