Sheelu Gupta ( Student ambassador at AFRS)
M.Sc.
Forensic science GGV
Introduction
:
On 26 March 1972, Mathura
way raped by two policemen Tukaram and
Ganpat in police station of Desaiganj in
Gadchiroli Maharashtra
Mathura lived with his
brother Gama who works as labour and Mathura
was a house help in Nunshi’s home where she get in contact with Nunshi’s sister
son Ashok and came in relationship. One day Mathura was about to go with Ashok,
Gama noticed them .
On 26 March 1972, filed
a complaint that Ashok and his relatives was about to kidnap Mathura, in the
police of Desaiganj. The complainant was recorded by Head constable Baburao and
Ashok and Mathura’s statement was also recorded. Gama was asked to bring his
sister birth certificate and other relatives asked to wait outside. After
leaving them Mathura was taken to restroom and molested and raped by Tukaram
and Ganpat then after she was asked to go outside near a tea stall and raped
again however Mathura ran away from them to save her and explain the incident
to her relatives. Thereafter a complaint and digital punchanama was filed.
Mathura was led to
hospital to medical examination. The examination was done by Dr Shastrakar at
8pm. In the medical examination findings was no sign of struggle or any injury
mark , the hymen revealed old rupture and the age of Mathura was estimated as
14-16 year old
Forensic
Aspects : Forensic
Biology – After
the examination it was opined that semen trace collected from victim’s cloth
and semen collected from accused were matched
Forensic Toxicology : Toxicological analysis
turns positive result for alcohol examination in the blood which confirmed
alcohol intoxication of the accused.
Trail
and Punishment:
Session court: Session
court came to conclusion that due to insufficient evidence and according to
medical report court concluded that Mathura was habituated to sexual
intercourse and she had sexual intercourse in police station but not rape. It
was also found that Tukaram had intercourse with Mathura but Ganpat only
molested her and due to alcohol intoxication in fainted .
High court: Being not satisfied
with session court Gama filled a appeal to Bombay High court .In High court it
was concluded that the sexual course was done forcefully and mounted to rape .It
was also concluded that her submission to be due to fear and it can not be
considered as consent.
Supreme court: Supreme court found
accused as not guilty as there were no evidence of rape any sign of physical
abuse. It was also argued that why she did not raised any alarm during the
incident. Supreme court said that High court wrongly inferred her submission to
be due to fear which can not be considered as consent.
Judgment:
After so
many protest by women organization , child and women care organisations,
debate, arguments discussion and protest against the concept of consent in the
judgment “Consent involve submission, but the converse is not necessarily true,
from the fact of the case , all that is established is submission, and not
consent, is the taboo against pre marital sex so strong as to provide a license
to Indian Police to rape young girl.”
The verdict of court was
5year imprisonment to Tukaram and 1year imprisonment to Ganpat . Further they
were suspended from police service.
Amendment
in Laws :
Section
376 of Indian Penal Code which is related to punishment for rape underwent
significant amendment with the introduction of section 376(A), 376(B),376(C),and
376(D). This additions specifically addressed custodial rape making it
punishment under the law .
The
amendment marked crucial shift by transferring the burden of proof to accused
once sexual intercourse was established , a major departure from previous
practic. It was also introduced that essential procedural reforms such as in camera
trails , prohibition on disclosing the victim’s identity and enhance sentencing
provision.
Conclusion:
Mathura
rape case, was a landmark judgment that sparked significant changes in India's
rape laws. Although the Supreme Court acquitted the accused due to lack of
evidence, the case led to Widespread
social outcry and protests, Legal reforms, including amendments to the Indian
Penal Code, Introduction of custodial
rape as a punishable offense, Changes to the Evidence Act, shifting the burden
of proof in certain cases .These reforms aimed to strengthen victim rights and
improve justice delivery in rape cases. The case remains a significant
milestone in India's legal history, highlighting the importance of continued
efforts to protect women's rights and ensure justice.
Reference:
·
https://indiankanoon.org/search/?formInput=citedby%3A%20114584494&pagenum=4
·
https://indiankanoon.org/docfragment/114584494/?big=3&formInput=intercourse%20sexual
·
https://testbook.com/landmark-judgements/tukaram-vs-state-of-maharashtra
