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Report No. 84

7.8. Section 114, Evidence Act.-

Even now, if due regard be had to the provisions of section 114 of the Indian Evidence Act, the Court is competent to presume want of consent in such special circumstances as are mentioned above1- provided, of course, the other circumstances are consistent with want of consent. The extent to which the victim may resist is for her to determine, and there are naturally no minima or maxima in this regard. The woman is required to go no further than is necessary to make manifest her unwillingness to yield to the attack. The amount of visible resistance, if any, must depend on the facts. Resistance is important only as evidence of non-consent. The crime does not hinge upon the woman's exertion.2

1. Para. 7.7, supra.

2. See also para. 2.11, supra.



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