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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA, J
... – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
DR. SWARANA KANTA SHARMA, J
1. By way of this revision petition, the petitioner seeks setting aside of the order dated 16.02.2023 [hereafter 'impugned order'] passed by learned Additional Sessions Judge (FTSC)(RC), Rohini Courts, Delhi [hereafter 'Sessions Court'] in case arising out of FIR bearing no. 165/2023, registered at Police Station Vijay Vihar, Delhi.
FACTUAL BACKGROUND
2. The petition has been preferred in the following factual context: a complaint was lodged by the complainant i.e., wife of the petitioner, wherein it was stated that marriage between them was solemnized on 19.02.2022 as per Hindu rites and ceremonies, and her family had allegedly spent approximately Rs.25 lakhs on the marriage. As alleged, on the very first night, the complainant discovered that her husband i.e. the petitioner was unable to consummate the marriage, even after taking medication. Even during their stay in Manali for their honeymoon, the situation remained unchanged. When she had informed the same to her in-laws, they had refused to do anything and in fact, she was informed by her sister-in-law that the family was already aware of her husband's alleged impotency prior to the marriage. W
In a marital relationship, consent is implied, and Section 377 IPC does not apply to consensual sexual acts between spouses.
If a man and a woman indulged in anal sex with their free consent in private, no offence under Section 377 IPC is made out.
The court held that Sections 375 and 377 IPC do not apply to marital relationships, and a dying declaration must inspire full confidence and be corroborated to support a conviction.
Cruelty, rape and hurt – Forced unnatural sex by a husband on his wife amounts to cruelty under Section 498A IPC , but cannot be prosecuted as rape under Section 376 IPC.
The FIR was quashed as the allegations did not constitute an offence under IPC Sections 375 and 377 due to the marital relationship.
Consent obtained under a false promise of marriage constitutes a misconception of fact, rendering it invalid under Section 375 IPC, and must be carefully evaluated in the context of the circumstances....
The court quashed criminal proceedings due to vague allegations and emphasized the need for specific claims in matrimonial disputes to prevent abuse of legal processes.
(1) Rape – If age of wife is not below 15 years then any sexual intercourse or sexual act by husband with his wife cannot be termed as rape.(2) If provisions of latter enactment are so inconsistent o....
Point of Law : Sexual abuse on child - ‘carnal intercourse’ - Offence under section 377 would therefore arise when there is ‘penetrative intercourse’ which is ‘against the order of nature’.
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