Case Comment

Tukaram and Anr vs State of Maharashtra

1979 AIR 185 ,1979 SCR(1)810

INTRODUCTION

Tukaram and another vs. State of Maharashtra commonly known as Mathura rape case is a
remarkable case, this case was a reason that led to the criminal law amendments act, 1983. Also,
consensual sex is a prominent factor in this case which overturned the judgement passed by the
high court.

Facts of the case-

Mathura the victim used to live with his brother Gama .they both were labourers. mathura used
to work in Nunshi's house, during the course of her work she came in contact with Ashok,
Nunshi's sister's son. ashok and Mathura decided to get married. Gama was against their
relationship.

Gama filed a report in the police station of a kidnapping of Mathura. Ashok, Nunshi and her
husband were called to the police station . then police officer asked them all to leave .and
stopped Mathura in the police station . then the appellant no. raped her and other touched her
private parts and tried to rape her but not as he was intoxicated.

ANALYSIS

in the judgment passed by the session court and supreme court of India, the decision was not up
to the mark as the decision was based on the analysis of the character of the women and also that
he submit herself the main point of passive submission is ignored in the case. also, a two-finger
test should be termed as a second rape to women. Supreme court reason for the acquittal of the
appellant was that there were no marks on the body of the victim and the victim is used to of sex.
this clearly indicates the thinking of the court if the court is thinking in this direction then the
normal people are fair enough to criticize the victim. Because of such type of chrachter
assassination in the court, many victims of rapes don't lodge their complaint.

also because of this judgment a major change come through the criminal law amendments act,
1983 which laid down that made custodial rape punishable. besides defining custodial rape, the
amendment shifted the burden of proof from the accuser to the accused once intercourse was
established . it also added provisions for in-camera trails, the prohibition on the victim identity
disclosure, and tougher sentences.

these amendments try to give more justice to victims than earlier time and were a prominent
amendment

the character of a women should not be a ground for the decision for rape as it is a basic
misunderstanding in the society that the girl who is used to of sexual intercourse is easy and her
consent is not important but consent is the most important thing.

Laksh Panwar

A047