The Indore bench of the Madhya Pradesh High Court has acquitted a 40-year-old man who faced accusations from his wife of engaging in unnatural sex, which she alleged resulted in her contracting an infection.

Citing that the 31-year-old woman was living with her husband during the marriage,.

Justice Prem Narayan Singh of the single bench observed that "any sexual intercourse or act by the husband with his wife not below the age of fifteen years is not rape," further noting that "therefore, consent is immaterial."

"In these circumstances, the allegations made in the FIR do not constitute an offense under Section 377 of IPC against the petitioner no.1. Accordingly, the petitioner no.1 is discharged from offence under Section 377 of IPC," the court observed in its order of May 28.

While it dismissed charges under Section 377 (unnatural act), Section 294 (abuse), and Section 506 (threatening) of the Indian Penal Code against the man, the court declined to quash Section 498-A (cruelty to a woman by her husband or her relative).

In the First Information Report (FIR) filed in Mandsaur district, the woman had accused her husband and his family of subjecting her to physical and mental torture over dowry demands amounting to ₹20 lakh.