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Synopsis

The Madhya Pradesh High Court at Gwalior has quashed an FIR and related charges against a husband accused of unnatural sex under Section 377 of the Indian Penal Code. The ruling came after the court referenced various forensic studies indicating that semen cannot persist in a woman's body for five months after separation, as the lifespan of sperm is limited to a few days.

Justice Anand Pathak, presiding over the single-judge bench, emphasised that forensic evidence showed semen could not be present in anal or vaginal swabs, or on clothing, after such a prolonged period. "In all studies, it is clear that no sperm can be found over the clothes, anal swab, or vaginal swab more than a few days, and certainly not after five months," the court noted, referencing the Forensic Science Laboratory (FSL) report. The court deemed the accusations, including those involving Sections 377 and 354 IPC, against the husband, a Major in the Indian Army, to be ill-motivated.

“Surprisingly, FSL report prepared in such manner to show involvement of petitioner but it is common knowledge that those semen/sperm and their existence are alive only for certain period, usually 3 days and not beyond that,” the court further emphasised.

The marriage in question was solemnized in 2018. In 2020, the petitioner-husband filed for divorce, citing harassment and the complainant's refusal to live with his parents, as well as her mental instability and volatile behaviour. Thereafter, the wife alleged the husband and his family members of demanding dowry, domestic violence and specifically alleged the husband of forcefully committing rape upon her and unnatural sex, among other allegations.

"When couples share nuptial bliss, the relationship transcends to another dimension, but when they share incompatibility, they become the worst enemies," the court observed, criticising the multiple charges of dowry demand and mental cruelty against the husband and his family, remarking on the hostile nature of estranged couples. The court stated “When bouquet of cases like Domestic Violence Act, Section 498-A of IPC, Sections 9 and 13 of the Act of 1955 and FIR under Sections 354 and 377 of IPC are registered then one has to tread cautiously because allegations may precede with malice and to wreak vengeance.”

The court referred to studies from the LGC Forensic Journal, Journal of Forensic Sciences (2016), and Forensic Science International (1982), all indicating that semen in anal and vaginal swabs typically does not persist beyond three days. The court expressed “it is highly surprising that after 5 months samples have been collected by the police and very surprising semen was found over her penty (SIC)/vaginal swab/anal swab.”

Regarding allegations that the husband had videotaped sexual acts with his wife and used them for blackmail, the court found no evidence, such as a CD or pen drive, to support this claim. "It is very unnatural for the petitioner to blackmail his wife for such acts," the court remarked, questioning the feasibility and motive behind such allegations.

The court also dismissed the charges against the husband's relatives, finding them vague and unsupported by concrete evidence. The quashing of the FIR and chargesheet was influenced by the ongoing divorce proceedings initiated by the husband, indicating a possible vendetta by the complainant.

The court concluded “offence under Section 377 of IPC is not made out at all and therefore, it is established that these allegations are false and fabricated just to implicate the petitioner.”

 

Cause Title: Major Amit Pathak Vs. State of Madhya Pradesh & Anr [MISC.CRIMINAL CASE NO.51674/2022]