Karnataka HC directs Bangalore Police to invoke section 377 against a husband who forced unnatural sex against his wife

CASE: Vikram Vincent vs the State of Karnataka

COURT: Justice M Nagaprasanna of the Karnataka High Court

The Karnataka HC pulled up the State police for its shoddy probe in a complaint filed by a wife accusing her husband of having forceful unnatural sex with her.

The Court was hearing a plea filed by a woman seeking directions to the police authorities to conduct further probe in her complaint lodged in 2017 alleging unnatural sex and being tortured and assaulted physically on her refusal. The complaint further stated that the husband took some obscene photos and videos of the complainant, later shared with her father and some friends on social media platforms.

However, the Bangalore City Police neither invoked section 377 (unnatural sex) of IPC nor the relevant provisions of the Information and Technology (IT) Act, 2000, in its charge sheet filed on September 26, 2019. Instead, the charge sheet only made out a case of domestic violence.

BACKGROUND

In 2013, the couple, both from Bangalore, became friends while pursuing their PhDs at IIT-Bombay, and later got married in 2015. As per the complainant, soon after the marriage, the husband started forcing her for unnatural sex and upon refusal, she was assaulted. She later left her husband and went to Raipur, her parents' house, however, the husband brought her back with no change in his behavior. She claimed that he would not only force her to have unnatural sex but also to have sexual relationships with other men or group sex.

Finally, on January 4, 2016, she left his place within six months of the marriage. The husband continued to convince her to return to his house and in response to her refusal, he shared obscene photos and videos with her family and friends.

HELD

After hearing the parties, the Court stated that if the provisions of law, the complaint lodged by the victim, and her statements recorded by the police, are read together, it would prima facie establish a case under section 377 of the IPC.

The Court ordered a further probe against the husband and filing of a supplementary charge sheet within two months before the trial court.