S. 377 IPC | Uttarakhand High Court Stays Revision Court Order Exonerating Man From Charge Of Having 'Unnatural Sex' With Wife

The Uttarakhand High Court has stayed the order of a Revisional Court which had exonerated a husband from the charge of Section 377 IPC, which prohibits non-consensual unnatural sex.

This comes a day after a coordinate bench of the High Court held that a husband cannot be prosecuted under Section 377 IPC as Section 375 IPC exempts marital sex and also covers all possible penile penetration, therefore if anything is done between man and wife apart from the deemed natural sexual intercourse, the same cannot be defined as 'unnatural'.

However, the stay in the case at hand was granted after a procedural argument of the complainant-wife, questioning power a revisional court to exonerate an accused, "found force" with the Court.

Petitioner, wife of the accused, had filed a case against under Section 354, 377, 498-A IPC read with Section 3/4 of the Dowry Prohibition Act.

The High Court, though dismissed accused-husband's application for discharge, it granted him liberty to challenge an order of framing of charges. Accordingly, accused moved the Revisional Court, which ultimately exonerated him.

Petitioner's counsel submitted that the revisional court exceeded in its jurisdiction to exonerate the accused as the revisional court is only empowered to call for and examine the records of an inferior court to satisfy itself as to the legality and regularity of any proceeding or order, but, the revisional court is not empowered to exonerate an accused from a charge since the same is a subject matter of trial.

Finding force in Petitioner's contentions, the bench comprising Justice Rakesh Thapliyal issued notice to the accused and State to file their reply within three weeks. Meanwhile, the impugned order is stayed.

Related Reports: Can't Prosecute A Husband U/S 377 IPC As S. 375 IPC Exempting Marital Sex Covers All Possible Penile Penetration: MP High Court

Husband Can't Be Held Guilty U/S 377 IPC For 'Unnatural Sex' With Wife: Uttarakhand High Court

Appearances:

Mr. S.S. Ajmani, learned counsel for the applicant.

Mr. Akshay Latwal, learned Brief Holder for the State

Case Title: PK v. State of Uttarakhand and another, Criminal Misc. Application No. 79 of 2024