Tuka Ram and Anr vs the State of Maharashtra

Supreme Court of India, dated: 15 September 1978

Citation: 1979 AIR 185

Bench: Honourable Justice A.D. Koshal, Honourable Justice Jaswant

Singh, and Honourable Justice P.S. Kailasam.

Brief Facts:

This case, which is also famously known as the Mathura Rape case, attracted a lot of
attention from the whole country. This case dealt with various concepts and the
controversial judgments by the lower and apex court were also criticized. This case
also bought about a few changes in the laws of our country.

Mathura, a minor girl who was an orphan, worked with her brother as labor to earn a
living. She worked as a help in the house of a girl named Nunshi. During her work,
she met Nunshi’s sister’s son, Ashok and their friendship grew. Slowly they became
fond of each other and developed an intimate relationship with each other. They then
planned to marry each other and become husband and wife legally.

However, Mathura’s brother Gama was against this relationship, and on 26 th March
1972, he complained to Nunshi, her husband Laxman, and Ashok, alleging that they
had kidnapped Mathura. This report was recorded by the Head Constable Baburao,
and based on this report Nunshi, Laxman, and Ashok were bought to the police
station at around 09:00 pm. Approximately at 10:30 pm the head constable, Baburao
asked everyone to leave the police station. Just when everyone was heading out, the
appellants asked Mathura to stay back and she obliged the request.

Immediately after the others left, appellant 1, Ganpat, took Mathura took a
washroom and stared at her private parts, and later even raped her there. Later he
dragged her to a ‘chapri’ which is a small tea stall, located behind the police station,
and raped her there again. After this appellant 2, Tukaram tried to rape her, but due
to being highly intoxicated he wasn’t able to do so, and he thus resorted to touching
the private parts of the minor girl.
The others who were waiting outside the police station got suspicious, as Mathura
was there inside for a long time. They made noise and tried to attract a crowd around
the police station. After this, a complaint was lodged against the police officials, and
Mathura was examined by the doctor to conclude and provide evidence of rape.

The doctor based on his analysis found that Mathura had no injuries on her. Her
hymen also showed old ruptures and the vagina easily admitted two fingers. Even the
chemical examiner did not find any trace of semen on her body, however, traces were
found on her clothes.

The sessions court held that there was a lack of evidence to prove the case of rape.
They held that Mathura was a “shocking liar” and her testimony can’t be relied upon.
The sessions court also used the term “riddled with falsehood and improbabilities” to
describe the testimony of Mathura. The court held that she was a sex addict and she
might have had consensual sex with the police officials at the police station. As she
could not tell this fact directly to the others, she made up the story of being raped by
the police officials. The appellants were acquitted by the judge of the District Court.

This case was then appealed to the High Court. The judges of the High Court held
that, as both the appellants were strangers to Mathura, she wouldn’t have willingly
gone to them and consented or would have made an overture to invite them to have
sexual intercourse with her. They also contended that the accused must have
initiated the act and the minor girl would not have been in a position to resist them
thus the court held that this was a case of passive consent and would not amount to
giving voluntary consent to the act of sexual intercourse. The lack of semen on the
body would have been because the tests were done 20 hours after committing the act
of rape. And during this course of time, the respondent might have taken a shower,
thus removing any stains. The High Court reversed the judgment of the Sessions
Court and held both the accused to be guilty of raping the minor girl.

Issues Raised:

1. Did Mathura consent to the act?

 2. Will the appellants be charged under sections 354, 375, and/or 376 of the
Indian Penal Code?

Arguments advanced:

Petitioner: The petitioners argued that the allegations made by the girl were all
false. There is no evidence to prove that she had been raped by the police officials
and even the medical reports of the doctor prove the same fact. There is also no
evidence to prove that the consent of the girl had been taken under coercion, due to
any sort of fear of life of self or others. Thus, the contention of passive submission
could not be held good as well. The intercourse between the parties was a peaceful
and consensual affair and the allegation made by Mathura that she made a lot of
noise and tried to resist is all false and no one could agree with this claim made by
her. Thus, the allegations are false and Mathura was not raped by the police
constables.

Respondent: The respondent argued that the constable had raped Mathura. He
allowed everyone to leave the police station but had asked her to stay back. And then
he took her to the back and tried to look at her private parts using a torch, and
eventually also raped her. The other constable failed to rape her due to being under
the influence of alcohol, however, he had fondled the private parts of the minor girl.
The doctor’s examination also proves the presence of semen on her clothes of
Mathura and thus that piece of evidence can’t be ignored by the courts. It was also
held that the age of the girl was between 14-16 thus she was a minor during the act
and would attract specific sections of laws.

Judgment:

The honorable Supreme Court deferred from the judgment given by the High Court
and upheld the decision of the Sessions Court. The learned judges held that it is clear
that the girl was under no fear or compulsion, as she could have easily gone to her
family members and near ones who were just standing outside the doors. There was
also no force upon her, and she did not try to resist the action of the constables also,
thus proving that she consented to the act. If she would have tried to resist the act,
there would have been marks of injury on her body. But the medical examination
proved the contrary. Passive submission could also not be established, as no evidence
could prove the use of force or fear upon her which might have resulted in her giving
passive consent to the act. The court also contended that the claim made by the girl
of shouting and raising an alarm is also a tissue of lies. This particular act was a
peaceful affair and there was no resistance by either party.

The courts also held that the girl had changed her testimony during the trial. Due to
this fact, the court held that it is difficult to trust the testimonies given later, as they
could also have all been false.

She also claimed that when she was leaving the police station with her brother, police
constable Ganpat tried to catch her hand and take her to the washroom. The court
said that in such a situation the instinct of a person would be to shake off the hand
and call for help instead of blindly following the person. She said that when Ganpat
tried to hold her hand she had cried out loud, but there were no assertions to her
claims. Even when Ganpat tried to take her to the washroom, she did not resist and
instead blindly followed him, this act proves that she voluntarily consented to the act
and there is no case of the passive submission made her.

It is also upon the prosecution to prove all the ingredients of a section and show that
the crime can be established upon the accused. And according to section 375 of the
Indian Penal Code, it can be seen that consent would not be treated as free consent
when the consent was given under the fear of hurt or dead. And in this case, even if
the girl was afraid of the constables being someone of authority, it cannot be
established that there was a fear of hurt or death in the girl, thus establishing the fact
of passive submission. So, the contention made by the High Court of consent
received by force and as being passive submission is invalid as it does not clarify the
ingredients of section 375. And even in this case, the girl was taken away from in
between her loved ones so there is no scope of fear that could have been in her.

The girl had also made allegations about Tukaram during the FIR which she had
gone back upon during the trial. And she placed those same allegations upon Ganpat
instead. Thus, based on all these facts and evidence incurred the Honourable
Supreme Court reversed the judgment of the High Court and acquitted the
appellants.

My Analysis:
This is one of the highest controversial and landmark judgments of the Supreme
Court. It raised a lot of questions among the public and also led to a few changes in-
laws. But I feel that the Supreme Court should have considered a few more facts and
circumstances of the case instead of acquitting the appellants of all the crimes. Even
if they were found to be innocent of the crime of rape, they had committed a few
other offenses that the Supreme Court did not take into consideration. First of all, the
girl was a minor, and any act committed and the police officials working there were
intoxicated while still being on duty. No action was taken upon any act committed by
them and they were just left free of all charges.

Even the court failed to regard the evidence and instead they relied upon shaming
and accusing the victim. Her character was questioned and she was made to feel
guilty for living her life according to her wish. Her general behavior was just implied
to the situation as well and treated that she might have behaved in the same way.
And speaking about the fact of hearing her voice, she was taken to the back of the
police station, and it is quite probable that her voice might not have been heard from
there. And the question regarding the lack of semen traces on the body could easily
be seen as a lack of proper procedure followed by the authorities. They should have
done the medical check-up immediately when the complaint was filed instead of
waiting for 20 hours to perform the procedures on her.

Thus, various factors might have been considered by the courts and might have been
missed by them. but the judgment passed by the courts was after various
considerations, and their judgment is treated to be binding and final. The case
however bought changes in laws which helped the courts in various other cases.