SUPREME COURT STAYS KARNATAKA HIGH COURT JUDGEMENT WHICH ALLOWED TRIAL OF HUSBAND FOR MARITAL RAPE

The Supreme Court in the case Hrishikesh Sahoo Vs. The State Of Karnataka observed and has stayed the judgment of the Karnataka High Court which allowed the trial of a husband for the offence of rape alleged by his wife.

The bench comprising of Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli observed and passed an order of ad-interim stay of the High Court’s judgment, the order dated March 23, 2022, till the next listing date.

It was also observed that the bench stayed the trial proceedings in the Sessions Court based on the FIR lodged by the wife against her husband.

While refusing to quash the FIR for marital Rape, the High Court had pronounced the judgement. It was held by a single bench comprising of Justice M Nagaprasanna held that the Exception 2 to Section 375 of the Indian Penal Code, 1860, the provision exempts a husband from the offence of rape against his wife – is not “absolute”.

It was observed by the High Court that a rape is a rape, an act is an act and a man is a man, be it performed by a man the “husband” on the woman “wife”. And without making any pronouncement on the constitutionality of the marital rate exception, the High Court held that the exemption of the husband on committal of such rape or assault cannot be absolute, in the peculiar facts and circumstances of this case and as no exemption in law can be so absolute that it becomes a license for the commission of a crime against society.

In the present case, while aggrieving by the High Court verdict, a special leave petition was filled by the husband before the Supreme Court. On May 10, the Supreme Court issued notice in the husband’s plea. Further, the Court had then refused to stay the judgment and trial proceedings.

It was observed that the counsel appearing for wife had sought four week’s time to file counter-affidavit and on the other hand, the counsel appearing for the husband opposed the request for adjournment. Therefore, the Supreme Court granted ad-interim stay and listed the matter after one week.

On May 11, the two-judge bench of the Delhi High Court had delivered a split verdict on the constitutionality of marital rape exception. However, appeals from that judgment have also been filed before the Supreme Court.

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