Nagpur – Accused Salman Khan Yusuf Khan R/o Antri Koli, Tah Chikhali Dist Buldhana has been directed to be released on regular bail.
Salman Khan was arrested on 12/10/2022 on the accusation that he has committed rape on his wife. The First Information Report (FIR) came to be lodged under Sections 376, 504 and 506 of the Indian Penal Code (IPC) vide Crime No.0267 dated 08/10/2022 at the instance of wife.
That the case of prosecution is that, Salman Khan and victim are husband and wife. The victim is residing separately from the Salman Khan. It is alleged that, on 8-10-2022 at about 3 pm Salman Khan came to the house of victim and applicant has committed forcible sexual intercourse against the will of victim after forcibly undressing her. It is further alleged that, applicant had threatened the victim to kill her son, father and brother, if she disclosed he incidence to anyone.
It was submitted that, offence of rape could not have been registered against Salman. It was submitted that, Exception 2 of Section 375 of the IPC. Section 375 of the IPC defines rape, however, Exception 2 provides that sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.
It was submitted that, that the applicant could not have been booked for committing rape on his wife, at the first instance and secondly he could not have been arrested.
After hearing Adv Mir Nagman Ali for accused Salman Khan, Justice Pansare while granting bail to Salman Khan observed in para 6 of the order that,
“Having heard both sides, the fact remains that the Exception 2 of Section 375 provides that sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape. At least for the purpose of granting bail, the benefit of the exception must be given to the applicant.”
