Gauhati High Court: Forcible Sex in Marriage Not Rape Under IPC Exception

Last Updated on October 1, 2024 by NewsDesk SLC

The Gauhati High Court set aside the rape conviction and sentence passed by the trial court, holding that the accused and the victim, a major, were legally married and therefore intercourse between them, though violent, could not be considered rape. .

Single Judge Malasri Nandi observed that non-consensual intercourse between a man and his wife, if she is above 15 years, does not amount to rape. Coercive and involuntary intercourse between husband and wife (over 15 years old) is therefore outside the scope of rape. The case related to an FIR filed by an informant (a father) on August 2, 2014, alleging that his daughter had gone missing. It was recovered from the house of the accused complainant (husband) and the case was conducted according to Sections 342, 366 and 376 of the Criminal Code.

The Court of Appeal sentenced the accused to the harsh penalty of seven years’ imprisonment under Section 376 of the Criminal Code. The appellant appealed his conviction, alleging that he and the alleged victim had been in love and that the victim had voluntarily left her home and eloped with him.

The additional public prosecutor argued that the accused-appellant had violent physical relations with the victim, although she did not intend to do so. The court ruled that the accused and the victim are legally married and the victim is the main, sexual intercourse between them,

 if it is violent, cannot be considered rape. The prosecution failed to prove the accused/appellant beyond reasonable doubt.

Thus, the Court set aside the impugned judgement and order passed by the Trial Court.

Case Title: Md. Farid Ali v. The State of Assam & Anr. Crl.A./372/2023