Supreme Court · 1978 INSC 178 · Decided 15 September 1978
Tuka Ram and ANR. v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 1978 INSC 178 · [1979] 1 S.C.R. 810
- Case number
- CRIMINAL APPEAL No. 64/1977
- Decided
- 15 September 1978
- Bench
- JASWANT SINGH, P.S. KAILASAM, A.D. KOSHAL (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 375
Headnote
Indian Penal ·Code Sec. 375-Rape-What is the meaning of without consent -Obtaining consent by putting fear of death or hurt--Crbninal trial-Onus is 011 prosecution to prove all the ingredients of an offence. The prosecution alleged that appellant No. I, the Police Head Constable and Gunj Police Station raped Mathura (P.W. 1) in the police station. Mathura's parents died 'vhen she was a child and she was living with her brother, Gam3:. Both of them worked as JOOourers to earn a living. Mathura used to go to the house of Nunshi for work and during the course of her visits to
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