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The Times of India
The Times of India
National
Rebecca Samervel | TNN

Forcible sex with wife ‘not illegal’, man gets pre-arrest bail

MUMBAI: Observing that a woman’s complaint that her husband had sex with her forcibly, against her wish, cannot he considered an “illegal thing”, a sessions court has granted anticipatory bail to the man and his family in a cruelty case. The woman had alleged that she was paralysed below the waist due to the forced sex.

“It is very unfortunate that the young girl suffered from paralysis. However, the applicants cannot be held responsible for the same. Looking into the nature of allegations made against the applicants [husband and in-laws], custodial interrogation is not required,” judge Sanjashree J Gharat said.

The woman said she married the man in November 2020. She alleged that after the marriage her husband and in-laws started forbidding her from doing various things. The woman also accused them of taunting and abusing her and demanding money. She said that a month after the wedding, the husband had sex with her against her wish. The woman added that when they went to Mahabaleshwar, the incident happened again. She said that when she became unwell, the doctor diagnosed it to be paralysis.

The woman then complained to the police, accusing her husband and his family of cruelty.

The accused sought anticipatory bail on grounds that they were “falsely implicated”. They refuted allegations of demanding dowry. While the husband said he had filed a complaint against the woman, two of his family members, also named in the case, said that they were based in Ratnagiri and stayed with the couple for only two days. The woman’s sister-in-law said she was pregnant and ready to co-operate with the investigation.

The prosecution objected to their pleas for pre-arrest bail.

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