Ratanlal Vs. State Of Madhya Pradesh
Section 506 - Punishment for criminal intimidation
Section 376 - Punishment for rape
Section 114 A - Presumption as to absence of consent in certain prosecutions for rape
Madhya Pradesh High Court (Division Bench (DB)- Two Judge)
Criminal Appeal, 333 of 2015, Judgment Date: Jan 28, 2021
Law laid down -
[1] Presumption under Section 114- A of Evidence Act is not available in case of gang rape provided under Section 376-D of IPC after the amendment incorporated in Section 376(2) of IPC and in Section 114-A of Evidence Act by the Act 13 of 2013 dated 03.02.2013 for offences committed after 03.02.2013.
[2] Oversight of the legislature cannot be amended or corrected by the Courts.
Ratanlal Vs. State Of Madhya Pradesh