Forget what you have heard. This case is completely different. Open for more details

I have seen a lot of misinformation being spread regarding this case on social media and mainstream media. However, the reality is, very few people have actually read the entire judgement order which lead to the acquitted of the accused. Let me clarify. The accused was charged with IPC 304 (culpable homicide not amounting to murder), IPC 376 (rape) and IPC 377 (unnatural sex). There was no evidence against the accused except for the dying declaration of the wife. In the dying declaration too, which was recorded in the presence of a magistrate, there was no mention of any unnatural or forced intercourse. The magistrate himself corroborated this on oath during the trial. The trial court did not consider the testimonies of two crucial witnesses, who admitted that the victim was suffering from piles soon after her first delivery, on account of which there used to be bleeding from her anus and pain in the abdomen. The doctors also had a different opinion on the cause of death. The doctor who conducted the post mortem opined that the cause of death was due to peritonitis and rectal perforation. I am not a doctor, but a simple Google search will tell you that peritonitis is a life-threatening condition, and there are several causes of it. The dying declaration also had several other inconsistencies. Some witnesses also turned hostile during cross-examination. Supreme Court has repeatedly held that the dying declaration needs to be scrutinized and examined very carefully before someone is convicted on the basis of it. All of this is mentioned in the judgement order of the Chhattisgarh High Court. The accused was sentenced to 10 years rigorous imprisonment by the trial court. This conviction was overturned and the accused was acquitted by the Chhattisgarh High Court after evaluating all the evidences and testimonies presented during the trial. The prosecution simply failed to establish guilt beyond reasonable doubt in the eyes of the High Court judge. Now comes the question of marital rape. Yes, marital rape is not legally considered rape in India, but it is still an offence. The following provisions deal with spousal sexual assault: 1. Domestic Violence Act, 2005: chapter 2, clause 3, sub-clause (ii) defines 'sexual abuse' 2. IPC 498A: this includes physical and mental cruelty. Courts have repeatedly interpreted sexual cruelty as a form of physical and mental cruelty. Now, you may ask why the accused was not punished under these provisions. It's beacuse he was not charged under these provisions. Typically, police first files a chargesheet against the accused, and then these charges are framed by the trial court, and not the High Court. Now that I have given you important additional details, you are free to form your opinion on the case. I will be linking the entire judgement order of the Chhattisgarh High Court. You can read the same. Source: https://www.barandbench.com/news/unnatural-sex-non-consensual-sex-with-major-wife-is-not-offence-chhattisgarh-high-court Judgement order (link valid for only 7 days): https://send.tresorit.com/a#ZFprnZxFCMbxFVqlRFP09A