Facts of the Case
In a case of custodial rape, the accused is proven to have had sexual intercourse with the prosecutrix while she was in his custody.
During the trial, the prosecutrix testified in court that she did not consent to the sexual act. The Court is required to determine the effect of this statement and the type of presumption that arises regarding consent.
Issues in the Case
- What type of presumption can be raised when the prosecutrix denies consent?
- What is the evidentiary effect of such a presumption under Indian law?
- How does this affect the burden of proof on the accused?
Legal Principles Covered to Support Case Proceedings and Judgements
A. Presumption as to absence of consent – Section 114A, Indian Evidence Act, 1872
Section 114A provides:
In prosecutions for rape under Section 376 of the IPC, where the sexual intercourse is proved and the victim states in court that she did not consent, the Court shall presume, unless the contrary is proved, that the victim did not consent.
Key Points:
- Type of presumption: Legal presumption or rebuttable presumption.
- Effect: Shifts the burden of proof to the accused to show that consent was given.
- The presumption is mandatory under Section 114A, once the prosecutrix’s statement and sexual intercourse are proved.
B. Effect of Presumption
- The presumption is rebuttable, meaning the accused may present evidence to prove consent.
- It does not relieve the prosecution from proving other elements of the offence.
- This presumption ensures greater protection for victims of custodial or other non-consensual sexual offences.
C. Related Provisions
- Section 375 IPC: Defines rape and lack of consent.
- Section 376 IPC: Prescribes punishment for rape.
- Sections 114 and 114A of the Indian Evidence Act: Legal presumptions in criminal cases.
D. Judicial Interpretation
- State of Punjab v. Gurmit Singh (1996)
- Presumption of lack of consent arises when sexual intercourse is proven and the victim testifies non-consent.
- Tukaram S. Dighole v. State of Maharashtra (2010)
- Presumption under Section 114A is rebuttable, but the onus is shifted to accused.
- State of Kerala v. Rajan (2002)
- Court held that mere proof of intercourse and denial by victim triggers legal presumption; accused must provide credible evidence to rebut it.
E. Application to Present Case
- Sexual intercourse by the accused is already proved.
- Victim has denied consent in her testimony.
- Court can legally presume absence of consent under Section 114A.
- The accused bears the burden to prove that consent was freely given.
Possible Judgement
The Court is likely to hold that:
- A rebuttable presumption of absence of consent arises under Section 114A of the Indian Evidence Act, 1872.
- The presumption shifts the burden of proof to the accused, who must prove that the sexual act was consensual.
- If the accused fails to provide credible evidence to rebut the presumption, the court may convict him under Section 376 IPC.
- The presumption strengthens protection for the prosecutrix and ensures that victim testimony is given due weight in custodial rape cases.
Final Conclusion
In custodial rape cases where sexual intercourse is proved and the victim testifies she did not consent, the Court shall presume absence of consent under Section 114A. This rebuttable presumption shifts the burden of proof to the accused, thereby making it easier to establish rape while still allowing the accused an opportunity to prove consent.
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