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Karnataka High Court orders police to invoke Section 377 against husband who forced his wife for unnatural sex

As per the facts of the case, the woman and the husband, both from Bangalore, became friends while pursuing their PhD at IIT-Bombay in 2013 and later on the couple got married in 2015. She claimed that soon after the marriage, the husband started forcing her for unnatural sex and upon refusal he would often assault her.

She later left the matrimonial house and went to her parents’ house in Raipur, however, the husband convinced her and brought her back but there wasn’t any change in his behaviour. She claimed that he would force her to have sexual relationships with other men or even for group sex.

Finally, she left his place on January 4, 2016, which is within six months of the marriage and has been living separately since then. But the husband continued to convince her to return to his house and on her final refusal he circulated some obscene photos and videos to her family and friends.

Taking note of the allegations, the Court said that if the provisions of law, the complaint lodged by the victim and also her statements recorded by the police are read in tandem, it would prima facie make out a case under section 377 of IPC.

The judge, therefore, ordered a further probe against the husband and filing of a supplementary chargesheet before the trial court within two months. He also rejected the husband’s petition seeking to quash the criminal proceedings against him.

Source: Barandbench

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