Wednesday, July 20, 2022

Supreme Court stays Karnataka High Court judgment allowing prosecution of man for rape of wife

The Supreme Court on Tuesday stayed a March 23 judgment of the Karnataka High Court which had declined to quash the charge of rape framed under Section 376 of the Indian Penal Code (IPC) against a man accused of raping and keeping his wife as a sex slave. [Hrishikesh Sahoo v. State of Karnataka].

The Special Court framed charges against the petitioner-husband for offences punishable under Sections 376 (rape), 498A and 506 of IPC and Section 5(m) and (l) read with Section 6 of the POCSO Act.

The single-judge of the High Court, however, refused to grant the prayer observing that men have been donning the robes of husband for ages to use the wife as his chattel but this age-old thought and tradition that the husbands are the rulers of their wives, their body, mind and soul should be effaced.

The Court noted that what drove the wife in the present case to register the complaint was the allegation of brutal sexual acts by the husband against her, as also, as sexual abuses against the child.

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