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RAVINDRA MAITHANI
Kirti Bhushan Mishra – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
RAVINDRA MAITHANI, J.
1. The challenge in this petition is made to the charge-sheet and summoning order dated 08.04.2019, passed by the court of FTC/Additional Sessions Judge/Special Judge (POCSO) Haridwar, in Special Sessions Trial No. 48 of 2019, State Vs. Dr. Kirti Bhushan Mishra (“the case”), under Section 377 IPC and Section 11/12 of the Protection Of Children From Sexual Offences Act, 2012 (“the POCSO Act”), which is based on FIR No. 97 of 2017, under Section 377 IPC and Sections 11/12 of the POCSO Act, Police Station Kotwali Roorkee, District Haridwar.
2. Heard learned counsel for the parties and perused the record.
3. The case is based on an FIR, lodged by the respondent no. 2 against the petitioner. According to the prosecution case, the petitioner and the respondent no. 2 were married on 08.12.2010. But, after marriage, the petitioner continued committing carnal intercourse against the order of nature with the respondent no. 2, due to which, she sustained serious internal injuries with bleedings. But, the petitioner continued anal sex with her. The respondent no. 2 was to be admitted in one Harihar Hospital Balangir. Even thereafter, the petitioner did not stop doi
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.
In a marital relationship, consent is implied, and Section 377 IPC does not apply to consensual sexual acts between spouses.
Marital relations exempt the application of Section 377 IPC; allegations pertaining to violence or dowry warrant serious scrutiny, supporting charges under Section 498-A IPC.
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.
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.
The main legal point established in the judgment is the application of legal provisions related to marital cruelty, unnatural intercourse, and the burden of proof in cases of allegations of false all....
Point of Law : A brutal act of sexual assault on the wife, against her consent, albeit by the husband, cannot but be termed to be a rape.
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