Improbable To Find Husband's Semen On Wife After 5 Months Of Separation, It Persists For Only Few Days: MP High Court Quashes Charge U/S 377

In a notable case, the Madhya Pradesh High Court overturned a lower court's judgment that sentenced a husband to life imprisonment under Section 377 of the IPC for engaging in non-consensual sexual acts with his wife. The High Court ruled that the offense was not sustainable since the act, although considered unnatural, occurred within the confines of a marital relationship and was not conducted with coercion. The Court emphasized that Section 377's application should be reconsidered in the context of consent within marriage. Consequently, the High Court quashed the previous judgment, setting a precedent for how marital sexual conduct is treated under criminal law.