The Chhattisgarh High Court has ruled that sexual intercourse including unnatural acts by a man with his adult wife, even without her consent, does not constitute an offence under the Indian Penal Code (IPC).Justice Narendra Kumar Vyas delivered the verdict while acquitting a Jagdalpur resident, who was previously convicted of rape and other charges by a trial court. The man had been arrested in 2017 and subsequently sentenced under IPC Sections 376 (rape), 377 (unnatural sex), and 304 (culpable homicide not amounting to murder) following the death of his wife.After reserving its decision on November 19 last year, the High Court pronounced its judgement on Monday (February 10). "If the age of wife is not below age of 15 years then any sexual intercourse or sexual act by the husband with his wife cannot be termed as rape, as such absence of consent of wife for unnatural act loses its importance," the court noted.According to the prosecution, the accused was arrested on December 11, 2017, after his wife recorded a dying declaration before an executive magistrate. She had reportedly complained of intense pain and told her family that her husband had forced himself on her in an unnatural manner. Before passing away the same day in a government hospital, she alleged in her statement that her deteriorating condition was caused by "forceful sexual intercourse" by her husband.In 2019, a fast-track court in Jagdalpur convicted the accused under Sections 376, 377, and 304 IPC and sentenced him to 10 years of rigorous imprisonment. However, he challenged the verdict in the High Court, which led to his eventual acquittal.Also read: UP man uses rickshaw-mounted loudspeaker to clear air about his 'death': 'I am alive and safe'During the appeal, the defense argued that there was no conclusive evidence against the accused and that the trial court had based its decision solely on the victim’s statement. The counsel also highlighted witness testimonies stating that the woman had suffered from piles since her first childbirth, which could have contributed to her medical condition.Additionally, the reliability of the dying declaration was called into question.While the state government defended the trial court’s ruling and sought the appeal’s dismissal, the High Court ultimately overturned the conviction, citing amendments to Section 375 IPC. The court reasoned that the 2013 amendment introduced Exception 2 to Section 375, which clarifies that a husband’s sexual act with his wife—regardless of consent—does not amount to rape under the law.Referring to IPC provisions, the court stated: "From perusal of sections 375, 376, and 377 of IPC, it is quite vivid that in view of amended definition of Section 375 IPC, offence under Section 377 IPC between husband and wife has no place, and as such, rape cannot be made out."The ruling further cited the Supreme Court’s landmark judgement in the Navtej Singh Johar case, which decriminalized consensual unnatural sex, arguing that Section 377 IPC does not apply in marital settings due to the existing exception under Section 375.The High Court also struck down the man’s conviction under Section 304 IPC, calling it legally unsound."The learned trial court has not recorded any finding on how the offence under Section 304 IPC is attracted in this case and proved by the prosecution. Still, it has convicted the appellant under Section 304 IPC, which is nothing but perversity and patent illegality which deserves to be interfered with by this court," the judgement stated.Following this, the court acquitted the accused of all charges and ordered his immediate release from prison.Also read: Future humans: Shorter, hotter, and less intelligent? Study reveals what we might look like in 1,000 years