Supreme Court of India

Tukaram v State of Maharashtra

AIR 1979 SC 185; (1979) 1 SCR 81019791 min read
The case in brief30-second read
Facts
Mathura, a young girl, was raped by two policemen in a police station. The Bombay High Court convicted them.
Issue
Whether the prosecution proved absence of consent, or consent obtained by fear.
Held
The Supreme Court acquitted the policemen, holding that there was no proof of resistance or of consent obtained by fear of death or hurt, treating her passive submission as consent.
Principle
(Since rejected by Parliament) The decision prompted the Criminal Law (Amendment) Act 1983, and the law now provides that lack of physical resistance does not mean consent.
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Facts

  • Mathura, a young girl, was raped by two policemen in a police station. The Bombay High Court convicted them.

Issue

  1. Whether the prosecution proved absence of consent, or consent obtained by fear.

Held

  • The Supreme Court acquitted the policemen, holding that there was no proof of resistance or of consent obtained by fear of death or hurt, treating her passive submission as consent.

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Citation

Tukaram v State of Maharashtra AIR 1979 SC 185; (1979) 1 SCR 810

Reported: https://api.sci.gov.in/jonew/judis/4992.pdf ; https://indiankanoon.org/doc/1092711/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.