Presumption as to consent – S.C Explained.

Supreme court while set aside the order of the Hon’ble High Court of Gujarat on an application filed under section 482 Cr.P.C has held that on facts the quashing order was not necessary. Based on the following observation Hon’ble Supreme court has set aside the order:

Section 114-A of the Indian Evidence Act, 1872 deals with the presumption as to absence of consent in certain prosecution for rape. A reading of the aforesaid Section makes it clear that, 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 such woman states in her evidence before the Court that she did not consent, the court shall presume that she did not consent.

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