A man was arrested from Jharkhand after he was named as the main accused in the gang-rape and subsequent murder of his wife, police said on Friday.
According to an ANI report, the woman was gang-raped by three men and in her recorded statement to the police, named her husband.
An FIR was lodged and the man was arrested.
“She has also mentioned two other men,” the police said.
While the husband is most likely to be booked for his role in the gang-rape and murder of his wife, questions will arise regarding marital rape.
In July this year, the Delhi High Court observed that marriage does not mean that a woman is always consenting for physical relations with her husband.
It did not agree with the submission of NGO Men Welfare Trust, which is opposing the plea to make marital rape an offence, that in spousal sexual violence, the use of force or threat of force are important elements to constitute the offence.
“It is incorrect to say that (physical) force is necessary for rape. It is not necessary to look for injuries in a rape. Today, the definition of rape is completely different,” the court said.
The NGO’s representatives Amit Lakhani and Ritwik Bisaria argued that a wife already has protection from sexual violence in a marriage under the available laws, including Prevention of Women from Domestic Violence Act, harassment to married woman, sexual intercourse with wife without her consent while she is living separately and unnatural sex.
To this, the court said, if it was already covered under the other laws, why should there be exception in Section 375 of the IPC, which says intercourse or a sexual act by a man with his wife is not rape.
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