Background of the Case: In March 1972, Mathura, a young tribal girl, was raped by two policemen inside the compound of the Desai Ganj Police Station in Maharashtra, India. The trial court acquitted the accused policemen, relying on their defense that the sexual intercourse was consensual. The High Court upheld the acquittal, prompting public outrage and protests.
Key Issues Raised:
Whether the sexual intercourse between Mathura and the accused policemen was consensual or forced.
Whether the trial court’s acquittal of the accused policemen was justified given the circumstances of the case.
Arguments from Both Sides:
Prosecution: The prosecution argued that Mathura was raped by the policemen while in their custody and that she was unable to consent due to her vulnerable position as a tribal woman and prisoner. They contended that the trial court erred in accepting the defense’s claim of consensual intercourse.
Defense: The defense maintained that the sexual intercourse between Mathura and the accused policemen was consensual and that there was no evidence to suggest otherwise. They argued that the trial court’s acquittal of the accused was correct and should be upheld.
Judgement: The Supreme Court of India, in its judgement dated March 15, 1979, overturned the acquittal of the accused policemen and held them guilty of raping Mathura. The Court criticized the trial court for its insensitive handling of the case and its failure to consider the power dynamics at play, particularly the unequal position of Mathura as a tribal woman in police custody.
The Supreme Court emphasized that consent given under coercion or fear cannot be considered genuine consent. It held that Mathura’s consent, if any, was vitiated by the circumstances of her confinement and the abuse of power by the accused policemen. The Court also noted the lack of evidence to support the defense’s claim of consensual intercourse.
As a result, the accused policemen were convicted of rape and sentenced to imprisonment. The case highlighted the need for legal reforms to protect the rights of rape victims and ensure justice for survivors of sexual violence.
Significance: The Mathura rape case played a pivotal role in shaping India’s legal framework on sexual violence and the treatment of rape victims. It led to amendments to the Indian Evidence Act and the Criminal Procedure Code to provide greater protection to rape victims and ensure fair and sensitive treatment during trials. The case also raised awareness about the prevalence of sexual violence against women and the importance of addressing systemic failures within the criminal justice system.
