The Supreme Court Yesterday (April 30th) suspended the sentence of a man accused of unnatural, non-consensual sex with his wife and granted him bail in the case after noting that certain financial transactions had happened between him and the wife.
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NEW DELHI: The Supreme Court intervened to suspend the sentence of a man accused of non-consensual, unnatural acts with his wife, granting him bail. This decision was influenced by a combination of financial transactions and a tentative settlement between the parties involved.
Justices AS Bopanna and PV Sanjay Kumar presided over the case, pointing out that even though the court had not officially accepted the settlement, the financial dealings between the husband and wife warranted consideration. The justices emphasized:
“What persuades us to consider the prayer is that, as already noted, the appellant and the respondent are husband and wife and even, at this moment, if we do not accept the settlement entered into between the parties, the fact remains that certain financial transactions were also involved and these are aspects which would be looked into subsequently.”
The court highlighted that the nature of the case did not involve a “hardened criminal” but rather the husband of the complainant. They stated,
“In a matter of the present nature, as we are not considering the suspension of sentence of a hardened criminal but, as already indicated, the appellant is the husband of the respondent, we deem it appropriate that the balance would tilt in favour of the appellant for grant of the prayer.”
This Supreme Court decision came after a lower Sessions Court had acquitted the man of rape and cruelty but upheld his conviction for unnatural sex under Section 377 of the Indian Penal Code (IPC) and for voluntarily causing hurt. The Chhattisgarh High Court had previously denied the suspension of his sentence and his request for interim bail in March, leading to this appeal to the Supreme Court.
The apex court granted him bail based on the noted compromise and financial interactions between him and his wife. The terms and conditions set by the trial court were to be adhered to as part of this bail agreement.
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