In a first-of-its-kind case, the Delhi high court has come to the rescue of a man who faced arrest after his wife accused him of indulging in unnatural sex with her.
Hitesh (name changed), a resident of Jor Bagh in the Capital, got into trouble after a lower court in an unusual order, while hearing a dowry harassment case filed by his wife, asked the police to book him under Section 377 of the Indian Penal Code, after she alleged that he tortured her sexually and indulged in unnatural sexual acts.
Section 377 prescribes punishment for indulging in sexual activity against the order of nature. If proved, the offense attracts a punishment of up to 10 years in jail. Interestingly, in the FIR, the police had booked him only under sections 498 A (dowry harassment) and 406 (criminal breach of trust) of the IPC.
On a petition filed by Hitesh’s counsel Prabhjit Jauhar, the high court had last week asked the police not to arrest Hitesh till January 18, 2012, the next date of hearing, after he and his wife Sonam (name changed) expressed desire to compromise the dowry harassment case during which the complaint of unnatural sex was raised by her.
Jauhar questioned how the husband could be booked for indulging in unnatural sexual act in the absence of medical evidence.