Case Analysis: Tukaram & Anr. V State Of Maharashtra

Kunjal Sarda, O.P. Jindal Global University

Court: In the Supreme Court of India

Bench: Koshal, A.D. Bench: Koshal, A.D. Singh, Jaswant Kailasam, P.S.

Date: 15/09/1978

Citations: 1979 AIR 185; 1979 SCR (1) 810; 1979 SCC (2) 143

Statement of Facts

Mathura was a young girl about the age of 14-16 years and lived with her brother Gama as her parents died. Both were labourers and Mathura used to work at Nunshi’s house. While working she developed an intimate relationship with Nunshi’s nephew Ashok, and they decided to marry each other. Gama lodged a report on 26th March 1972 at police station Desai Gunj alleging that Mathura had been kidnapped by Ashok, Nunshi, and Laxman who was Nunshi’s husband. At about 9 pm all of them were called and the police station and Head Constable Baburao recorded their statements. At about 10.30 pm Baburao asked all of them to leave and he left the police station. However, as Mathura was leaving Constable Ganpat asked Mathura to come inside with him and took her to a latrine nearby and loosened her underwear, and looked at her private parts with the aid of a torch. Thereafter, he took her to the rear of the police station and raped her. After raping her Ganpat left, and Constable Tukaram sexually assaulted her by fondling her private parts but was unable to rape her as he was in an intoxicated condition. Mathura later filed an FIR on the advice of Dr. Khume who initially examined her. She was examined by Dr. Kamal Shastrakar at 8 pm on 27th March 1972 who found no injuries on her body and semen was found both on the clothes of Mathura and Ganpat.