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D.M.DHARMADHIKARI, SHIVARAJ V.PATIL
SUMATIDEVI M. DHANWATAY – Appellant
Versus
UNION OF INDIA – Respondent


Counsel for the Parties :
For the Appellant :Ms. Nivedita Sharma, Mr. Yakesh Anand and Mr. Sanjeev Anand, Advocates.
For the Respondents:Ms. Rekha Pandey and Mr. S.N. Terdol, Advocates.

JUDGMENT

Shivaraj V. Patil, J.—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 valuable 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 bona fide 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 Jgatpuri Station. She, along with other bona fide passengers got down at that station. She, approched the Railway Authorities for protection, but, without any assistance. On reaching Bombay, she lodged a complaint with the police about the incident. The app










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