When two people as living as husband and wife, however the brutal the husband is, can the act of sexual inter course between them be called rape ? asked Chief Justice of India SA Bobde in this matter.
The bench comprising justice AS Bopanna and V. Ramasubramanian, was not inclined to consider the prayer for quashing the FIR and allow the petitioner to withdraw petition.the bench stated his arrest for 8 weeks.
During the hearing, Advocate Aditya Vashisth appearing for the respondent says that the petitioner had lived with the woman promising marriage and has inflicted violence on her by brutally beating her. Medical certificate of the same was also shown.
Senior advocate Vibha Datta Makhija appearing for the petitioner submitted that the allegation did not make out a case for rape and counter affidavit of the respondent also shows her consent. The bench also allowed the petitioner to withdraw the petition with liberty to seek discharge and initially stayed the arrest till the trial is completed.This was also opposed by respondent who had submitted that the petitioner had attempted extortion and says that recovery was necessary.