The Bombay High Court, while rejecting the anticipatory bail application of an accused of having natural sex, has observed that Committing unnatural sex without the will of a woman is an offense under section 377 of the Indian Penal Code and in such an offense custodial interrogation of the accused is necessary. The complaint of unnatural sex has been lodged by the woman on February 21, 2023, at the Kapurwadi police station in Thane, with whom the accused was about to marry.The accused broke the marriage due to his girlfriend not taking interest in unnatural sex relations. After the fact, the woman filed a complaint. To avoid arrest, the accused filed an anticipatory bail application in the High Court. According to the complaint, the complainant woman, an anchor and writer by profession, was introduced to the accused, a pilot by profession, through a common friend.After a few meetings, this acquaintance turned into friendship and then into love.After this both of them decided to get married, both of them also performed the engagement ceremony and decided to do court marriage.Applied for the registration of marriage in the office of the marriage registrar under the Special Marriage Act, because the accused was interested in having unnatural sex, That's why both failed to do court marriage.On the complaint of the woman, the police have registered an FIR against the accused under sections 377, 420, 504 and 506 of the IPC. The woman alleges that the first incident of unnatural sex took place at the pilot's house in July 2022, while the second incident took place in January 2023 during the journey. Arguing in favor of the anticipatory bail application, the counsel for the accused submitted that the first incident took place in July 2022, yet the woman was ready to marry the accused.The lawyer said that the woman slapped the pilot, which he complained to the police on February 11, 2023.In response to which the woman has re-registered the above.The lawyer further argued that it is the choice of both in the manner in which they have sexual intercourse with each other. The counsel for the complainant and the public prosecutor, opposing the bail application, cited as witnesses the friends whom the woman had told about the acts of the accused and also cited WhatsApp messages between the couple. A single judge bench of Justice S.M. Modak, after hearing both the sides, said that I have seen those WhatsApp messages and pictures which are of private parts.Deciding how to have sex can depend on the choice of the partner, but some ways of having sex are considered against nature and law.For example, unnatural sex in case of dislike of a partner has been made an offense under IPC section 377. The court said that in this case messages and pictures have been exchanged between the accused and the complainant, it appears to be an offense under section 377 in this case.In the conversation through messages, not only the pictures of private parts have been shared but also expressed their interest in sexual relations.The police have the right to closely investigate every aspect of unnatural sex relations, so it is necessary to interrogate the accused in custody, so the accused cannot be given relief from arrest. The court underlined that dislike for the way a man and a woman make physical relations, said that the dislike associated with the way of making relations gives the right to both the partners to take recourse to the law.The question of likes and dislikes of the complainant in the way of sexual relations can be resolved in the trial court only during the trial
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bombay high co
like and dislike
manner of sexual intercourse
section 377 of I.P.C.
unnatural sex against nature and law
unnatural sex without the will of the woman is an offence
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