New Delhi, Dec 4/ dainik bhaskar and agencies – In a significant judgement, a court in India has said husband’s forcible sex with his wife does not amount to “marital rape”.
The judgement was passed by District judge of a court in Indian capital, Delhi.
According to media reports, District Judge JR Aryan agreed with the defence counsel of accused Hazi Ahmed Saeed that the Indian Penal Code does not recognise any concept of “marital rape.”
The wife of Saeed had accused her of having forcibly sex with her without her consent.
“Defence counsel has rightly argued that Indian Penal Code does not recognise any such concept of ‘marital rape’. If complainant was a legally-wedded 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.
According to reports, Saeed’s wife had filed the case in 2007 alleging that after her first husband’s death, Saeed started visiting her and by expressing sympathy, he asked her to marry him.
She had told the court that she married Saeed in February 2006. “Later, I came to know that he had married me only to grab my property, which was then sold by him and his four sons,” she had alleged.
Police in its charge sheet had stated that Saeed had maintained physical relations with the woman after their marriage and it could be a possibility that those physical relations were against her consent and wish.