Legal Question in Criminal Law in India
During divorce proceedings initiated by wife, wife accuses husband of forced unnatural sex. Husband says unnatural sex was consensual.
1. How will court determine who is right?
2. If husband is guilty, what is the penalty?
3. Can husband be acquitted since there is no proof or is he presumed guilty based on wife's allegations?
3 Answers from Attorneys
Conviction for any offense will be only by the Criminal Court and not the Family Judge.
However, the finding of facts by the Family Judge will certainly be persuasive for the Criminal Court to convict the offender.
in case she is able to prove that you did unnnatural sex i.e. anal sex, with or without consent, you may be held guilty u/s 377 of IPC as it is only Delhi High Court that amended the section and your acts seems to be done before amendment. in case you able to prove that she used to threaten suicide, she may tried for criminal intimidation.
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