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2004 Supreme(SC) 435

SHIVARAJ V.PATIL, D.M.DHARMADHIKARI
Sumatidevi M. Dhanwatay – Appellant
Versus
Union Of India – Respondent


JUDGMENT

The appellant travelled by 1st Class Air conditioned berth from Nagpur to Bombay by Howrah-Bombay Mail. She was carrying her luggage which included gold, pearl, silver and diamond jewellery and other valuables valued at Rs. 1,11,756/-. While she was travelling, she was assaulted by some unauthorised passengers and her gold, silver, pearl, diamond and other valuables were taken away forcibly. This incident occurred on 4.12.1991. Thousands of persons entered into the compartment and assaulted the passengers, including the appellant. The said crowd was so violent that they broke the doors, window bars, glass panels, seating berths and toilets etc. This apart, the crowd committed so many other illegal acts of assaulting the bonafide passengers. They molested the women and even raped the young girl passengers. The appellant pulled the alarm chain three times, as a result of which, the train stopped at Igatpuri Station. She, alongwith other bonafide passengers got down at that station. She approached the Railway Authorities for protection, but, without any assistance. On reaching Bombay, she lodged a complainant with the police about the incident. The appellant approached the Con












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