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Report No. 172

5.1.3. Recommendations on section 114A of the Evidence Act.-

It is however necessary to point out that section 114A is confined only to the aggravated forms of rape mentioned under clauses (a) to (e) and (g) of sub-section (2) of section 376. It does not apply to sub-section (1) of section 376 or for that matter to sections 376A to 376D. But the representatives of Sakshi also wanted such a presumption to be raised only in respect of "aggravated sexual assault" and that is exactly what section 114A provides. No amendment is therefore called for in section 114A except some modifications - by way of adaptation - in the light of amendment proposed by us to section 375, IPC.



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