Bombay High Court: Vinay Joshi, J., granted bail to the applicants who were accused of committing offence of unnatural sex without consent and outraging the modesty of a woman.
An FIR was lodged by a grown-up lady aged 41 years old against her husband and brother-in-law.
Allegations placed by the woman were that her husband i.e. Ravi time and again had unnatural sex with her against her consent. She also alleged that her brother-in-law i.e. applicant used to outrage her modesty and was demanding sexual favour.
Another crime was filed by the daughter of the applicant. The girl alleged against her uncle Ravi that while she was studying in 10th standard, he tried touching her inappropriately and outraged her modesty.
Applicants Counsel, S.P. Bhandarkar submitted that both the complaints are nothing but an outcome of matrimonial flued.
Court noted that the marriage of strained couple sailed smoothly for 21 long years and has two children. After such a long time, the wife alleged unnatural sexual acts at the hands of her husband.
Though it is alleged that since inception, the husband was prone to seek unnatural sex, however, after a long gap of 21 years the matter has been reported to the police.
Bench cited the Supreme Court decision in the case of Navtej Singh Johar v. UOI, (2018) 10 SCC 1, wherein it was held that,
“Unnatural consensual sexual acts of adults in private are de-criminalized.”
In light of the above-stated decision, the offence would only be attracted if it was done without the consent of the adult.
In the present matter, it has been unfolded that the allegation was running for a period of 20 years, but, the complaint had been lodged thereafter. No medical evidence to support the allegations was placed in the complaint.
Court noted that both the FIRs were simultaneously filed, which speaks for itself.
In view of the above, both the applicants made out a case for grant of pre-arrest bail and Court disposed of the criminal applications. [Rajendra Ramkrushna Malve v. State of Maharashtra, 2020 SCC OnLine Bom 863, decided on 11-08-2020]