Tags 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

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