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A Supreme Court bench headed by Chief Justice of India Justice NV Raman today issued notice in husband's plea challenging the judgment of the Karnataka High Court refusing to quash an FIR registered by his wife against him alleging rape. The bench, also consisting of Justice JK Maheshwari and Hima Kohli, remarked that the matter needs to be heard.

In March this year, Justice Nagaprasanna of Karnataka High Court had refused to quash proceedings in a case wherein a Special Court framed charges against the husband, for offences punishable under Sections 376, 498A and 506 of IPC and Section 5(m) and (l) r/w Section 6 of the POCSO Act.

The Karnataka High Court had held that "a woman and man being equal under the Constitution cannot be made unequal by Exception-2 to Section 375 of the IPC."

Rejecting the differentia created by the exception between a husband, and any other man, the single judge bench of Justice Nagaprasanna had reasoned that, "a man sexually assaulting or raping a woman is amenable to punishment under Section 376 of IPC. The contention of the learned senior counsel is that if the man is the husband, performing the very same acts as that of another man, he is exempted. In my considered view, such an argument cannot be countenanced."

The High Court had further noted that “integrity and bodily freedom of a woman, the wife, being ravaged by the husband, whether, could be absolved and protected by a law that mandates equality of its application.”

When the matter came up for hearing today, Sidharth Dave, Sr. Adv, appearing for the petitioner told the bench that the trial is to begin on May 29 and sought for a stay of proceedings.

Indira Jaisingh, Sr. Adv, appearing for the wife on caveat, however, opposed to any interim orders and informed the court that the wife has been waiting for the trial to start for last 5 years.

Court, on hearing the submissions made by the parties, asked the petitioner to inform the trial court that it is seized of the matter. The court then adjourned the matter till the third week of July for further hearing.

Case title: Hrishikesh Sahoo Vs State of Karnataka