Kuldeep Singh vs. State of Punjab
Citation: 2025 INSC 130; Bench: Justice Vikram Nath, Justice Prasanna B. Varale
Background
This case involved Kuldeep Singh, who was accused of abduction, rape (Section 376 IPC), and criminal intimidation (Section 506 IPC) by his wife (Respondent No. 3) following a consensual marriage. The FIR (No. 148 of 2022) was filed by the victim’s cousin, alleging that Kuldeep Singh had abducted and raped the victim. The appellant contended that he and Respondent No. 3 had married of their own free will on June 15, 2022, in accordance with Sikh rites, against the wishes of her family. The couple had jointly sought protection from the High Court, which was granted, and the victim had not alleged rape or forced marriage in her written statement in restitution proceedings.
Key Legal Issues
Whether a husband can be prosecuted for rape under Section 376 IPC in light of Exception 2 to Section 375 IPC (marital rape exception).
Whether the FIR and subsequent criminal proceedings were sustainable given the consensual nature of the marriage and absence of contemporaneous allegations of rape or force.
Supreme Court’s Analysis
Marital Rape Exception:
The Court noted that Exception 2 to Section 375 IPC specifically exempts sexual intercourse by a man with his own wife from the definition of rape. The appellant’s marriage to the complainant was found to be legally valid and consensual, and thus, the charge of rape could not be sustained.
Conduct of the Parties:
The Supreme Court emphasized that the couple had jointly sought protection from the High Court, and the victim had not made any allegations of rape or coercion in her reply to the restitution petition. The subsequent allegations were made only after she returned to her parental home, raising doubts about their veracity.
Absence of Prima Facie Case:
The Court found that no prima facie case was made out against Kuldeep Singh under Sections 376 or 506 IPC. The FIR and chargesheet were based on unsubstantiated allegations, with the evidence on record supporting the appellant’s claim of a consensual marriage.
Decision
The Supreme Court allowed the appeal, quashed the FIR and all consequential proceedings against Kuldeep Singh, and set aside the order of the Punjab and Haryana High Court. The Court held that the marital rape exception applied, and there was no evidence to support the charges of rape or criminal intimidation.
Significance
This judgment reaffirms the current legal position in India that sexual intercourse between a husband and wife, within a valid marriage, does not constitute rape under Section 375 IPC due to Exception 2. The decision underscores the necessity of prima facie evidence for sustaining criminal charges and protects individuals from prosecution based on uncorroborated or delayed allegations in the context of consensual marriages.
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