Report No. 172

5.1.1. Suggestion No.1.-

So far as the first suggestion is concerned, it has evidently been made without taking note of Act 43 of 1983 which had introduced section 114A in the Evidence Act. The section reads as follows:

"114A. Presumption as to absence of consent in certain prosecutions for rape.- In a prosecution for rape under clause (a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) of sub-section (2) of section 376 of the Indian Penal Code (45 of 1860), where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and she states in her evidence before the court that she did not consent, the court shall presume that she did not consent."

5.1.2. A reading of the above section shows that it does provide for the matter which the representatives of Sakshi wanted.