Mathura rape case

Mathura rape case

The Mathura rape case was an incident in India wherein Mathura, a sixteen year old tribal girl, was allegedly raped by two policemen in the compound of Desai Ganj Police Station in Chandrapur district of Maharashtra. The incident led to changes in Indian law.

Her relatives, who had come to register a complaint, were patiently waiting outside even as the act was allegedly being committed in the police station. When her relatives and the assembled crowd threatened to burn down the police chowky, the two accused policemen, Ganpat and Tukaram, reluctantly agreed to file a panchnama.[1]

The case came for hearing on 1 June 1974 in the sessions court. The judgment returned found the defendants not guilty. It was stated that because Mathura was 'habituated to sexual intercourse,' her consent was voluntary; under the circumstances only sexual intercourse could be proved and not rape.[1] On appeal the Nagpur bench of the Bombay High Court set aside the judgment of the Sessions Court, and sentenced the accused to one and five years imprisonment respectively. The Court held that passive submission due to fear induced by serious threats could not be construed as consent or willing sexual intercourse.[1]

However, the Supreme Court of India again acquitted the accused policemen. The Supreme Court held that Mathura had raised no alarm; and also that there were no visible marks of injury on her person thereby suggesting no struggle and therefore no rape.[1]

The protests to the ruling by women's organisations led to Government of India amending the law.[1] The Criminal Law Amendment Act, 1983 has made a statutory provision in the face of Section.114 (A) of the Evidence Act, which states that if the victim says that she did not consent to the sexual intercourse, the Court shall presume that she did not consent.[1]

References

  1. ^ a b c d e f Indira, Jaising (1999-01-20). "Slamming the doors of justice on women". The Indian Express. http://www.indianexpress.com/res/web/pIe/ie/daily/19990120/02050555.html. Retrieved 2008-01-10. 

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