STATE OF MAHARASHTRA Vs. MADHUKAR NARAYAN MARDIKAR

JUDGEMENT

(1.) The respondent, Madhukar Narayan Mardikar, was serving as a Police Inspector, Bhiwandi Town Police Station in District Thana of Maharashtra State in November, 1965. On 13th November, 1965, between 8.15 and 8.45 p.m. he allegedly visited the hutment of one Banubi w/o Babu Sheikh in uniform and demanded to have sexual intercourse with her. On her refusing he tried to have her by force. She resisted his attempt and raised a hue and cry. Her husband and neighbours collected outside the hutment. The hutment was about a furlong away from the Police Station and about 100 yards from Kuwari's Bungalow. After people from the vicinity collected at the place of occurrence the respondent rushed to Kuwari's Bungalow and telephoned the Police Station to rush police aid. PSI Ghosalkar who received the phone call rushed to the place of occurrence in a police jeep accompanied by PSI Wadekar and other policemen. On reaching the scene of occurrence they found the respondent in uniform standing at some distance from the hutment of Banubi. They also saw an agitated Banubi near her hutment. The respondent directed that the woman be taken to the Police Station as he had abused him. She was taken on foot to the Police Station by Head Constable Kulkarni and Police Constable Desale. The respondent and others returned to the Police Station in the jeep.

(2.) It appears that on 15th November, 1966 Banubi made a written complaint about the incident to the District Superintendent of Police. A preliminary enquiry was instituted. In the course of the preliminary enquiry detailed statements of several witnesses including Banubi were recorded. The statement of the respondent was also recorded. On the conclusion of the preliminary enquiry the respondent was charge-sheeted. The charge of perverse conduct was levelled against him on the following two grounds, namely:

(3.) As stated earlier the case against the respondent was that he had visited the hutment of Banubi on the night of 13th November, 1965 all alone in police uniform and had tried to ravish her. The respondent's version was that he had raided her hutment on receipt of information that she was dealing in illicit liquor and although nothing incriminating was found from her house, some articles like a rubber tube, a bottle, etc., containing country liquor were found from a nearby place which were attached as unclaimed property. In the course of evidence recorded at the Departmental Enquiry it was also brought out that Banubi was a woman of easy virtue and was having extra marital relationship with one Behram Irani, the Manager of Bhiwandi Talkies. She admitted that she was the mistress of that person. Evidence was also led to show that she was known as an 'awara' (vagrant) in the locality. The find of liquor from near her hutment had upset her and in order to escape from the clutches of law she had filed a false complaint against him on 15th November, 1965. The respondent further contended that a woman with such antecedents could stoop to any level and it would be hazardous to rely on her version.