State of Maharashtra & Anr. vs. Madhukar Narayan Mardikar

  • Shreyash Gupta
  • Show Author Details
  • Shreyash Gupta

    Student at Bhimrao Ambedkar University, Lucknow. India

  • img Download Full Paper

Abstract

As the Constitution guarantees every woman the right to privacy, no one can invade it on their wish. She is equally entitled to protect her person if there is an attempt to violate it against her wish and has the equal protection of laws. Therefore, merely because she is a woman of easy virtue, her evidence cannot be thrown overboard, and the only caution is to be maintained. The accused had worked as an Inspector of Police at the Bhiwandi Police Station in Thana District, Maharashtra. One night, alone in his uniform, he visited a woman's home at night and asked to have sex with her. Due to her screams and cries of rejection, her husband and other neighbors gathered outside and called the police station. When the defendant arrived at the scene, he accused the woman of abusing him and ordered her to be taken to the police station. The case State Of Maharashtra & anr. Vs. Madhukar Narayan Mardikar Supreme Court of India AIR 1991 SC 207, (1991) 1 SCC 57 used the Women's Privacy Protection Act to protect itself from allegations of violations of its rights. It concerns the probative value of facts in criminal proceedings, and the possibility of arriving at evidentiary corroboration depending on the circumstances.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 2350 - 2353

DOI: https://doij.org/10.10000/IJLMH.115687

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021