[114A. Presumption as to absence of consent in certain prosecutions for rape.—In a prosecution for rape under clause
(a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) of sub-section (2) of section 376 of the Indian Penal Code, (45 of 1860), where s*xual 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 she states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent.
However, the provision has advanced with years “the presumption under Section 114-A of the Evidence Act would only be attracted if the factum of s*xual intercourse is proved.” It was noted that the prosecutrix had refused an internal medical examination. the Court was also of the opinion that her testimony was highly unreliable, untrustworthy and inspired no confidence. It was noted further that the delay in registering FIR was not successfully explained. Also, she made 529 calls to the accused between the dates of the alleged rape and filing of the complaint. Her acts were inconsistent with her allegations. Moreover, the factum of s*xual intercourse remained not proved. Keeping on view such and other findings, the Court held that the accused was entitled to be given benefit of doubt. Hence, the appeal was dismissed. [Rachna Singh v. State (NCT of Delhi), 2019 SCC OnLine Del 8519, decided on 13-05-2019