Nineteen years ago, Machhindra Chavan, was caught red-handed while allegedly raping a woman and had his pants taken away, but received part relief from the Bombay high court.
Pune constable Machhindra Chavan couldn't have had an escape narrower than this. Nineteen years ago, Chavan, was caught red-handed while allegedly raping a woman and had his pants taken away, but received part relief from the Bombay high court.
The court set aside his conviction for rape but upheld his conviction for unnatural sex.
According to the victim, Chavan first made her perform oral sex and then raped her. The conviction under Section 377 (unnatural offence) of Indian Penal Code was bolstered by the fact that Chavan turned up wrapped in the victim's saree left behind.
The rape charge (Section 376) fell as the doctor's report said the victim was menstruating and the forensic report showed no stains of menstrual blood on Chavan's underwear or the victim's saree wrapped around him. Justice RC Chavan in his April 21, 2011 judgement said, “There would have been no business for the appellant to drop his pants to wrap himself in a sari if nothing had happened in the deserted house nearby. Therefore, there is no escape from the fact that appellant did indulge in some sexual act with the victim.”
The judge reduced Chavan's sentence from five years to 18 months, noting that the conviction “took place 18 years ago for an incident which took place 19 years ago and the appellant has been living in the shadow of the conviction all along and must have lost his job in the process.” He increased the fine from Rs300 to Rs10,000 or in default to suffer 3 months RI.
On April 1, 1992 the victim went in search of work in Chandni Chowk area at 3.30pm. She met the constables who took her to a deserted house on the pretext of getting her a seat on a bus. Some people from a nearby hotel rushed on hearing her shouts. One of them took away Chavan's trousers.
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