Introduction:
The case Tukaram vs. State of Maharashtra also known, as the Mathura rape case is a landmark case, which is based on a crime of rape that took place in a rural area known as Desai Ganj and it is said that two police constables committed the rape. The High court held the two accused guilty whereas the Trial court as well as the Supreme Court held that the accused were not guilty of rape.
Facts:
In the case Mathura is the girl who has alleged that the two police constables Ganpat and Tukaram raped her at Desai Ganj police station. Mathura lives with her brother Gama and lost her parents in her childhood. Thus both Mathura and Gama worked to earn their living. Mathura worked in the house of Nunshi as a domestic help where she …show more content…
Both Mathura and Ashok fell in love and the relationship led into intimacy. So both of them decided to get married and become husband and wife. But Mathura’s brother Gama did not accept this relationship between Ashok and Mathura and hence on 26th of March, 1972 filed an FIR against Nunshi and her nephew Ashok at Desai Ganj police station alleging that they had kidnapped her sister Mathura. The FIR was filed by head constable Baburao who later on called Mathura, Nunshi and Ashok for interrogation. After the interrogation was completed the family was asked to leave and Baburao also left with the family. But while the family was leaving the police station Mathura was stopped by one of the constables Ganpat and asked the family to wait outside the police station. Ganpat took Mathura in the backyard of the police station and raped her and later on another head constable …show more content…
Section 376 sub-clause (2) of the IPC
The section states that:
(2) Whoever—
(a) being a police officer commits rape—
(i) within the limits of the police station to which he is ap¬pointed; or
(ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or
(iii) on a woman in his custody or in the custody of a police officer subordinate to him; shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.
Analysis of judgment:
Classification:
➢ The level of jurisdiction of the case was Supreme Court.
➢ The case was an appellate problem as the blamed constables appealed against the High court decision.
➢ The bench of the court constituted of three judges but in the above case the crime that was alleged by the respondent was that of rape and thus for such a heinous crime the bench should have at least constituted five judges instead of
The case Tukaram vs. State of Maharashtra also known, as the Mathura rape case is a landmark case, which is based on a crime of rape that took place in a rural area known as Desai Ganj and it is said that two police constables committed the rape. The High court held the two accused guilty whereas the Trial court as well as the Supreme Court held that the accused were not guilty of rape.
Facts:
In the case Mathura is the girl who has alleged that the two police constables Ganpat and Tukaram raped her at Desai Ganj police station. Mathura lives with her brother Gama and lost her parents in her childhood. Thus both Mathura and Gama worked to earn their living. Mathura worked in the house of Nunshi as a domestic help where she …show more content…
Both Mathura and Ashok fell in love and the relationship led into intimacy. So both of them decided to get married and become husband and wife. But Mathura’s brother Gama did not accept this relationship between Ashok and Mathura and hence on 26th of March, 1972 filed an FIR against Nunshi and her nephew Ashok at Desai Ganj police station alleging that they had kidnapped her sister Mathura. The FIR was filed by head constable Baburao who later on called Mathura, Nunshi and Ashok for interrogation. After the interrogation was completed the family was asked to leave and Baburao also left with the family. But while the family was leaving the police station Mathura was stopped by one of the constables Ganpat and asked the family to wait outside the police station. Ganpat took Mathura in the backyard of the police station and raped her and later on another head constable …show more content…
Section 376 sub-clause (2) of the IPC
The section states that:
(2) Whoever—
(a) being a police officer commits rape—
(i) within the limits of the police station to which he is ap¬pointed; or
(ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or
(iii) on a woman in his custody or in the custody of a police officer subordinate to him; shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.
Analysis of judgment:
Classification:
➢ The level of jurisdiction of the case was Supreme Court.
➢ The case was an appellate problem as the blamed constables appealed against the High court decision.
➢ The bench of the court constituted of three judges but in the above case the crime that was alleged by the respondent was that of rape and thus for such a heinous crime the bench should have at least constituted five judges instead of