No presumption of absence of consent if sexual intercourse not proved, Delhi High Court

Aditi Singh June 11 2019
consent

The Delhi High Court has held that the presumption of absence of consent in certain types of rape cases under Section 114A of the Indian Evidence Act, 1872 is attracted only if sexual intercourse is proved.

The judgment was passed by a Division Bench of Justices Manmohan and Sangita Dhingra Sehgal in an appeal from a trial court order acquitting a person accused of charges under Sections 328, 376(2)(n), 343, 506 of the Indian Penal Code . . .

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