The Indore bench of Madhya Pradesh High Court has dismissed a review petition filed by a woman challenging the acquittal of her husband in a case related to unnatural sex under Section 377 of the Indian Penal Code (IPC). The order was passed by Justice Binod Kumar Dwivedi on April 7, who ruled that the revision petition lacked merit and did not warrant interference.
The woman had approached the High Court after an Additional Sessions Court in Indore acquitted her husband on February 3, 2024, of the charge of committing an unnatural sexual act with her, as defined under Section 377 of the IPC. In her petition, she alleged that the trial court had erred in discharging the accused despite what she claimed was overwhelming evidence.
However, after hearing arguments from both sides, the High Court upheld the lower court’s verdict, citing relevant judicial precedents laid down by the Supreme Court and various High Courts. Justice Dwivedi noted that, as per legal interpretation, consensual unnatural sex between two individuals—regardless of gender—is not punishable under Section 377 of the IPC.
