Giving relief to a gay merchant navy sailor, the Bombay high court on Wednesday stayed the framing of charges under Section 377 of the Indian Penal Code (IPC) for allegedly indulging in 'unnatural' sex with another man.
The sailor Raja (name changed) approached the high court seeking to quash the case lodged against him in February 2009 by a lady accusing him of allegedly having 'unnatural' sex with her husband.
The wife, Rani (name changed) had registered an FIR against her husband Karthik (name changed) and Raja for cruelty as well as cheating, besides indulging in 'unnatural' sex under Section 377 of the IPC.
Raja approached the high court after the sessions court refused to discharge him under Section 377.
The sailor's lawyers Kranti LC and Wesley Menezes had argued that the Delhi high court had decriminalised consensual sexual acts of adults in private.
The sessions court, however, did not accept this argument and noted that the ruling has been challenged in the Supreme Court and the judgment is pending.
Justice RV More on Wednesday stayed the charge under Section 377 and expedited the trial against Raja and Karthik.