Prayagraj. The Allahabad High Court has said in an order that after amending Section 375 of the IPC, having sex with a wife who is more than 15 years of age does not amount to rape. With this, the court has granted bail to Khushabe Ali of Moradabad, accused of torturing his wife for dowry and having unnatural sex.
This order was passed by Justice Md. Aslam has listened to Khushab Ali’s advocate Keshari Nath Tripathi and the public prosecutor. On September 8, 2020, a case was filed against Khushabe Ali by his wife at Bhojpur police station in Moradabad for dowry harassment, assault and threats besides having unnatural sex.
Petitioner’s advocate Keshari Nath Tripathi said that in the statement given before the magistrate, the victim has denied having unnatural sex and rape by the brothers of the petitioner. Also, after the amendment made in the year 2013 to Section 375 of the IPC, having sex with a wife who is more than 15 years of age does not come under the category of rape.
After the hearing, the court said that several amendments have been made in section 375. In sub-section 2 of the amended section, if the wife is not less than 15 years of age, then having sex with her will not amount to rape. The court, while granting bail to the petitioner, ordered his release with conditions.
Leave a Reply