Report No. 84

7.10. Need to change the law.-

We would have left the matter at that. However, having regard to the modus operandi of committing rape that has become more frequent during recent years, it would be useful if, by a specific statutory provision, the statement made in evidence by the prosecutrix is regarded as raising a presumption of want of consent. As life becomes more complex and the ways of criminals more sophisticated, situations of the nature that we have mentioned above might become more frequent, and the necessity of invoking some such presumption as is suggested above may become more apparent.

We are, therefore, of the view that where rape is alleged to have been constituted by sexual intercourse without the consent of the woman-i.e., in the case contemplated by section 375, second clause-they court shall presume that there was want of consent, provided the prosecutrix has stated so in her evidence. It may be mentioned that under the Evidence Act, the use of the expression "shall presume" does not bar rebutting evidence in regard to the fact about which a presumption is made.