Vs respondent: state of maharashtra date of judgment15/09/ 1978 bench: koshal, ad bench: koshal, ad singh, jaswant kailasam, ps citation: 1979 air 185 1979 scr (1) 810 1979 scc (2) 143 act: indian penal code sec 375-rape-what is the meaning of without. The mathura rape case was an incident of custodial rape in india on 26 march 1972, wherein mathura, a young tribal girl, was allegedly raped by two policemen on the compound of desai ganj police station in chandrapur district of maharashtra after the supreme court acquitted the accused, there was. Dr ram manohar lohiya national law university, lucknow academic session: 2014-15 criminal law-ii : final draft “case analysis : tukaram and another versus the state of maharashtra 1979 (2) scc 143” 1 table of contents introduction. That consent, given by a girl below the age of 16, is not recognised in law, the 69 state of orissa v gangadhar behuria, 1992 cri lj 3814 70 see chapter 3 71 1992 cri lj 3154 (mp) 72 1989 cri lj 202 (pat) 73 air 1996 sc 922 74 tukaram v state of maharashtra, air 1979 sc 185, p 189 75 see: 1929 cri lj 12 duli. A strong demand for amendment of laws relating to sexual violence commenced in the 1980's pursuant to the judgment of the supreme court in the tuka ram v state of maharashtra(air 1979 sc 185), which led to some amendments in the criminal lawscampaigns for further law reform, particularly on the. Cases reported in (2014) 4 scc part 2 aveek sarkar v state of wb, (2014) 4 scc 257 bhagwan tukaram dange v state of maharashtra, (2014) 4 scc 270 gn verma v state of jharkhand, (2014) 4 scc 282 mahesh dhanaji shinde v state of maharashtra, (2014) 4 scc 292 national commission for women v. The court also held that submission due to fear induced threat cannot be considered as consent in september 1979 supreme court of india justice jaswant singh, kailasam and koshal reversed the judgement given by bombay high court on case tukaram vs state of maharashtra supreme court held that. For example, what are the ways in which the supreme court of india could have reasoned in tukaram v state of state of rajasthan [x] (laying down guidelines to address sexual harassment at workplace) or shayara bano v union of india [xi ] tukaram v state of maharashtra, 1979 scr (1) 810 mohd ahmed khan v.
The supreme court of india's adjudicatory feat in state of maharashtra v rajendra jawanmal gandhi2 merits both acknowledgment and applause at the same time as we consider the itinerary of judicial proceedings in this case, it is clear that feminist sensibility is not evenly spread across the judicial checkerboard almost. Amar singh v state, 1985 cri lj 550 at p 552 (del) : (1985)1 crimes 749 amin v state, air 1958 all 293 anant vasant joshi vs state of maharashtra, 1986 (1) b l verma vs state of m p 1979 cr lj (noc) 190 (mp) ilr 1979, mp 748: 1979 jab lj 419 b narayanappa v state of karnataka, 1982 cri lj 1334 at p. 2 sudesh jhaku v kcj and others [1996(3)ad delhi 653] 3 sakshi v union of india air 2004 sc 3566 4 tukaram v state of maharashtra air 1979 sc 185 which acted as a catalyst for reform in rape laws in the above case, mathura a 16 year old tribal girl had been raped by two policemen within the police compound.
Act the same happened in mathura's case the supreme court ruled (tukaram vs state of maharashtra, air 1979 sc 185 (1979) 2scc 143 1978 crlj 1864 1979 scc 143), that there were no injuries on the person of the girl, which meant that she did not put up resistance and that the incidence was a peaceful affair. However, in september 1979 the supreme court of india justices jaswant singh, kailasam and koshal in their judgement on tukaram vs state of maharashtra reversed the high court ruling and again acquitted the accused policemen the supreme court held that mathura had raised no alarm and also that there were no. A sanjeevi naidu v state of madras (1970) 1 scc 443 317, 324, 395 a yousuf rawther v sowramma air 1971 ker 261 915 a & b v state through nct of delhi 2010 cri lj 669 753 ab shorawal v lk advani air 1977 all 426 820 abdul rehman antulay v rs nayak (1992) 1 scc 225 380, 383, 384, 806, 807. Submitted petitions to mlas and the prime minister, and generally alerted the public to the treatment meted out to the rape victims the initiative came 1 vibhuti patel: women's liberation in india, new left review, no 153, 1985 2 tukaram and ganpat versus state of maharashtra, 1979, supreme court of india, delhi.
Inquiring into a complaint against her her sexual history was considered relevant, tukaram v state of maharashtra, (1979) 2 scc 143 ▫ till 2012, india did not punish may crimes against children - the supreme court urged parliament to punish child sex abuse after having to acquit a father who committed sex acts on his. Sunil batra (i) v delhi administration and others (1978) 4 scc 494 surinder singh v engineer-in-chief cpwd (1986) 1 scc 639 t c basappa v t nagappa and another (1955) scr 250 tukaram and another v the state of maharashtra (1979) 2 scc 143 union carbide corporation v union of india ( 1989) 3 scc 38,. The catalyst for the anti-rape movement launched in 1980 was the supreme court judgment in the mathura rape case (tukaram vs state of maharashtra, 1979) the judges acquitted policemen who had gangraped the 16-year-old, subjected to multiple layers of marginalisation — poor, illiterate, orphan and.
Tara singh state of rajasthan v 1112 tukaram & ors v state of maharashtra 237 tukaram tanaji mandhare & anr raymond ltd & anr v 753 state of mp 1995 supp (3) scc 731 439 mahindra & mahindra v union of india (1979) 2 scc 529 25 malkhansingh and ors v state of mp 2003. 39 chakravarti, 'from fathers to husbands' 40 mathura, the young tribal woman who was raped by policemen, was detained in the police station following a complaint by her brother for having eloped with her lover in tukaram and anr v state of maharashtra, 1979 air 185 sc see also premchand v state of haryana, air,. A) minimum punishment in rape cases b) special cases of rape – i child rape ii rape of a pregnant woman iii gang rape iv marital rape v abuse of tukaram v state of maharashtra, air 1979 sc 185 [ ↩ ] mohd habib v state, (1989) crlj 137 delhi [ ↩ ]  1 scc 57 [ ↩ ] criminal procedure.
A criticised judgment of the supreme court in this regard was tukaram v state of maharashtra[xvii] popularly known as mathura rape case mathura, an 18-year- old harijan orphan girl was called to the police station on an abduction report filed her brother at the police station- desaui ganj in maharashtra. Abrar vs state of up, 2012 all scr 1274 : air 2011 sc 354 2 a subair vs state of kerala, 2010 all scr 1115 : (2009) 6 scc 587 3 arjun bajirao kale vs state of maharashtra, 2009 all mr (cri) 85 4 arunachalamvs psr sadhanantham, 1979(2) scc 297 5 ar antulay v ramdas sriniwas nayak,( 1984) 2.
P manohar reddy and bros v maharashtra krishna valley dev corp and ors air 2009 sc 1776 v st of mp & ors 1979 4 scc 163 37 saroja v chinnusamy dead by lrs & anr air 2007 sc 3067 page6 compiled by tamil nadu state judicial academy, chennai tukaram s dighole v manikrao shivaji kokate. When the matter reached the supreme court (tukaram v state of maharashtra/ mathura rape case, air 1979 sc 185), it observed that “the alleged intercourse was a peaceful affair” and that “the story of a stiff resistance having been put up by the girl is all false” the apex court refused to appreciate the.
Comparison to be made with the definitions in the protection of children from sexual offences act, 2012 24 tukaram v state of maharashtra, air 1979 sc 185 153 reading : an open letter to the chief justice of india (1979) 4 scc (j) 17 159 25 state of punjab v gurmit singh, (1996) 2 scc 384 164 26 sakshi v. List of cases ap marry v kg raghvan air 1979 mp 40 abdul aziz v state of bombay air 1994 sc 321 abdul wahid bahadur ali shaikh v state of maharashtra, 1993 crlj1977 (bom) adarsh v santa air 1987 del 203 afzalunnisa begum & others v state of ap & anr air 2009 (noc) 2840 (ap) air india v. Jaswant singh, kailasam and koshal in tukaram v state of maharashtra, (1979) 2 scc 143 the facts of the case briefly are as follows mathura, a young girl of the age 14-16, was an orphan who lived with her brother, gama, both of them labourers mathura developed a relationship with ashok, the cousin.