Karnataka Government has filed an affidavit before the Supreme Court in a case of 'Marital Rape' of a husband supporting his prosecution under marital rape charges. The government has supported the judgment of the Karnata High Court saying it to be correct which ordered a trial of a man allegedly raping his wife.

The Government stated in its affidavit that whether the charges finally stands is a matter of trial and that the accused in the case cannot be exonerated at this stage despite the immunity against marital rape provided to the husband under the Indian Penal Code.

The affidavit further says that "the High Court of Karnataka has considered all the questions of law involved in the present petition and it does not require any interference by the Supreme Court."

The petition before the Supreme Court arose when the Karnataka High Court declined to quash the charges of rape framed against the husband under section 376 IPC for raping and keeping his wife as a sex slave.

Justice Nagaprassana of Karnataka High Court while dismissing the quashing petition and deciding the question held that exception 2 of Sec 376 is not absolute.

When the judgment was challenged before the Supreme Court, it issued notice on 10th May this year and also stayed the order of the High Court by its order dated 19.07.2022.

The next date of hearing in the matter is fixed for 20.02.2023 (Computer generated).

Case Details:-

Special Leave Petition (Crl.) Nos. 4063-4064/2022

HRISHIKESH SAHOO Petitioner(s)
VERSUS
THE STATE OF KARNATAKA & ORS. Respondent(s)