UNNATURAL SEX TO BE CONSTITUTED AS AN OFFENCE ONLY IF IT IS DONE WITHOUT THE ASSENT OF THE ADULT

Bombay High Court – Bail was granted to the applicant by justice Vinay Joshi, the applicant was accused of committing the offence of outraging the modesty of women and having unnatural sex without the consent of the partner.

An FIR was lodged against her husband and brother-in-law by the lady. Allegations were made by the lady against her husband (Ravi), that he time and again had unnatural sex with her that too without her assent. The Lady also made the allegation against her Brother-in-law, that he use to ask sexual favours from her and offend her modesty.

The daughter of the lady also filed the lady against her uncle tried to touch her inappropriately while she was studying in 10th standard.

Court noted that the marriage was running for 21 years and smooth after such gap wife made an allegation of unnatural sex actions from her husband. In the case Navtej Singh Johar v. UOI, (2018) 10 SCC 1, it was held that.

“Unnatural consensual sexual acts of adults in private is de-criminalized.”

In consideration of the above line, the offence would only be committed if the act was performed without the consent of both the adults. In the current situation, the women have said that the allegations were continuous from the past 20 years, but the complaint has been filed now. The appellant has not submitted any kind of medical evidence to support her allegation.

Reported By:

Mohammad Zahid

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