Critical analysis on Mathura rape case- (Case Commentary)


INTRODUCTION:

Feminism activism in India gained momentum in 1970. It was one of the biggest issues that brought women group together which was Mathura rape case. As, we know 26th March, 1972 day is considered as the black day in India in the history of empowerment. On 26th March, 1972, Mathura rape case became an episode of custodial rape case in India, when on this Chandrapur district, Maharashtra.

The judgement of the case was delivered by Justice, Jaswant Singh, Koshal kaliasam. when the Supreme court acquitted the accused, a huge public outcry and protests against the laws of the country took place.

BACKGROUND ;

FACT OF THE CASE:

There was a tribal girl named Mathura. She was an orphan child and used to live with her brother, Gama. They both worked as labourer to complete their daily needs. Mathura used to work at house of Nushi and during the period of employment she came in love relation with him and developed a sexual relation.  After sometime they decided to get married. On 26th March, 1972, Gama filled a complaint in police against Nushi, her husband Laxman and Ashok for to ensure that her sister had been kidnapped by them. On 26th March, 1972 statement of Ashok and Mathura were recorded at about 10:30 pm on the same day by head constable Baburao. Then, he left the police station giving directions to Gama for bringing a copy of birth date of Mathura. The appellants asked Mathura to stay at police station. Then, they closed the main door and turned the lights off then Ganpat appellant no.1 took Mathura to the washroom and raped her. After some time when Tukaram, appellant no.2 who was sitting on a cot. Ganpat was done. He couldn’t rape her because he was highly intoxicated. After this whole incident Mathura was examined by the doctor and there was no injury found on her body. The examiner didn’t find the symptoms of semen, even on the pubic hair. The semen was found on the girl’s clothes. After examining her, doctors found that she was about 14 to 16 years. 

JUDGEMENT OF SESSION JUDGE

This was held that this was not a case of rape but ‘consensual sexual intercourse’ Mathura being a habitual to sex did everything to complete her sexual needs so it was voluntary consent. This was further said that the persuade of semen on her clothes to have came from her act of sexual intercourse with other than Ganpat. And lastly, it was held that Mathura was a shocking liar and there were no results which prove that she was below 16 years. 

JUDGEMENT OF HIGH COURT

The Bombay high court reversed the order of session court and held that it was a case of rape because the two appellants Ganpat and Tukaram were strangers to her and how can she have the act of sexual intercourse with them to complete her sexual needs. They said that it is a clear case of passive submission caused by threat of injury. 

JUDGEMENT BY SUPREME COURT

Finally, in 1979, Supreme court reversed the order of High court and acquitted the accused. The Supreme court agrees with session court judge and it was considered that it was not a case of rape because there were no another fact on the basis of which Supreme court took the decision was that on that time of incident Mathura even didn’t cry for help and this means the act of sexual intercourse was done with the consent. 

ANALYSIS OF SECTION 376, IPC PUNISHMENT OF RAPE

Whoever, except in the case provided for the subsection(2) commits rape shall be punished with imprisonment for 7 years not less than it may be for life or the term of  punishment may extend to ten years, and will be liable only if the women being raped is not his wife and is not under 12 years of age. But it is provided that special reasons should be mentioned in the judgement, imposing a statement of imprisonment for a term of less than seven years. 

ANALYSIS OF LAWS BEFORE THE CRIMINAL LAW AMENDMENT, 2013

Rape laws have walked through several change before attaining the present condition through various criminal law amendment of sexual intercourse without consent or by force is rape. In the year 1983 section 375 gas gone through amendment was bought due to criticism of Tukaram vs State of Maharashtra. The ratifications of the case 2013. Rape has been defined in section 375 of Indian penal code, in general were seemed in the amendments were bought in IPC and Indian evidence act.

Before, amendment of 2013, rape was considered when there is a sexual intercourse between man and woman. The essential conditions on the grounds of which rape is considered.

For the commission of rape there should be an act of sexual intercourse taken place between man and woman.

Secondly, when sexual intercourse between a man and woman takes place the act must be done without the consent of the person being raped, but it is not always a case if the age of victim is below 16 years and sexual intercourse between the man and woman take place with consent this will be considered as rape.

Some necessary conditions for the commission of rape

First, when there is consent of woman for the act of sexual intercourse but the consent is given because of some threat or through some misconception. 

Second, when there is consent of woman for the act of sexual intercourse but she is underage it will be considered as a case of rape. 

RAPE LAWS AFTER AMENDMENT OF 2013

On 19th of March, 2013 Lok Sabha, and on 21st March, 2013 criminal laws and act was passed which provides amendment of Indian penal code, Indian evidence act, Code of criminal procedure,1973 laws which relate to sexual offence. A very big spot of the society made a protest and forced the legislations to change rape laws.

The main aim of the protest was to formally implement the cruel punishment of the matter change in the definition of rape.

 Late justice J.S Verma, Gopal Subramanian and ex-justice Leila Seth comprised with the famous ‘Justice Verma Committee was made to accumulate suggestions and recommendations for the legislature to make a law to combat rape act the crime against women.

Now, there has been some changes, needs in the offence of rape and got a huge combat which includes all kind of penetration in the part of the body of girl. On the grounds and suggestions of fifth law commission report the fact that new suggestions added that any penetration would be considered as rape was the most capable tool in widening the domain of rape was considered.

Medical examination and registering the complaint were also recommendations. It was mentioned that, any officer who don’t register the complaint of rape or avoids its investigation shall be punishable as prescribed by law. 

Conclusion

Both the victims of Mathura rape case got acquitted from the appellate court as with comparison between legislature of before 2013. After independence, Mathura rape case was the former rape case which took a lot of criticism in the hands, it resulted in criminal amendments. In 2013 there was a major change in the definition of rape and also altered the rape laws and widened its scope.

The year 2013 was an important year because fights were happening against sexual assault and gender violence in the country.

There are various laws prescribing deterrent punishment for the offence against women. What is actually required of a concrete legislation, this was however, partially achieved through passing of criminal law amendment act, 2013, to infuse sensitivity, understanding and basically the mindset among police, executives to implement laws more in spirit than in latter.  Only one deterrent punishment can be awarded in crimes against women.

-Akshu

Lloyd Law College



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