Topic Details Topics Headnote Judgement INTERPRETATION OF STATUTE . PDF INTERPRETATION OF STATUTE Interpretation of Statute — IPC — S 375 — Consent — legal position — Held, the "consent" of a woman with respect to Section 375 must involve an active & reasoned deliberation towards the proposed act. (Para 18) PDF INTERPRETATION OF STATUTE Interpretation of Statute — IPC — S 34 — Scope — Held, the section does not create a distinct offence — it is with the participation of the accused that the intention of committing the crime is established. (Para 16) PDF INTERPRETATION OF STATUTE Interpretation of Statute — Evidence Act — S 114A — in prosecution for certain categories of rape where sexual intercourse by the accused is proved — & the question is whether it was without the consent of the woman alleged to have been raped & she states in the evidence that she did not consent — the Court shall presume that she did not consent. (Para 12) PDF INTERPRETATION OF STATUTE Interpretation of Statute — Evidence Act — S 4 — the Section mandates that whenever it is directed by this Act that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved. (Para 12) PDF INTERPRETATION OF STATUTE Interpretation of Statute — IPC — S 376(2)(b) —Evidence Act— S 114-A— Sexual intercourse — Presumption as to absence of consent — Expression, "shall presume" — interpretation of — the presumption can be rebutted — What is provided is presumption and not conclusive proof of the fact. (Para 15) PDF