•part in the arrangement, describes precisely what w as done, and admits and explains the common carelessness of A and himself; as to illustration (b) –– a crime is committed by several persons. A, B and C, three of the criminals, are captured on the spot and kept apart from each o ther. Each gives an account of the crime implicatin g D, and the accounts corroborate each other in such a manner as to render previous concert highly improbable; as to illustration (c) –– A, the drawer of a bill of exchange, was a man of business. B, the acceptor, was a young and ignorant person, completely under A’s influence; as to illustration (d) –– it is proved that a river ran in a certain cou rse five years ago, but it is known that there have been floods since that time which might change its course; as to illustration (e) –– a judicial act, the regularity of which is in question, was performed under exceptional circumstances; as to illustration (f) –– the question is, whether a letter was received . It is shown to have been posted, but the usual course of the post was interrupted by disturbances; as to illustration (g) –– a man refuses to produce a document which would bear on a contract of small importance on which he is sued, but which might also injure the feelings and reputation of his family; as to illustration (h) –– a man refuses to answer a question which he is not compelled by law to answer, but the answer to it might cause loss to him in mat ters unconnected with the matter in relation to whi ch it is asked; as to illustration (i) –– a bond is in possession of the obligor, but th e circumstances of the case are such that he may have stolen it. 50 1[114A. Presumption as to absence of consent in cert ain prosecution for rape. ––In a prosecution for rape under clause ( a), clause ( b), clause ( c), clause ( d), clause ( e), clause ( f), clause ( g), clause ( h), clause ( i), clause ( j), clause ( k), clause ( l), clause ( m) or clause ( n) of sub-section ( 2) of section 376 of the Indian Penal Code (45 of 1860), where sexual interc ourse by the accused is proved and the question is whether it was without the consent of the woman all eged to have been raped and such woman states in her evidence before the court that she did not consent, the court shall presume that she did not consent. Explanation .–– In this section, “sexual intercourse” shall mean an y of the acts mentioned in clauses (a) to ( d) of section 375 of the Indian Penal Code (45 of 1860).] STATE AMENDMENT Chhattisgarh Insertion of new Section 114B. –– After section 114A of the Indian Evidence Act, the following shall be inserted, namely: –– 114B. Presumption as to offences committed under se ction 354, section 354A, section 354B, section 354C, section 354D, section 509, section 509A or se ction 509B of the Indian Penal Code, 1860.-When the question is whether a person has committed an o ffence under Section 354, section 354A, section 354B, section 354C, section 354D, section 509, sect ion 509A, or section 509B of the Indian Penal Code and if the victim deposes before the court that she has been subjected to sexual harassment or her modesty was outraged or she was disrobed or she was stalked or her privacy was intruded or she was sexually harassed by any means, as the case may be, the cour t may, unless contrary is proved, presume that such offence has been committed by that person. [Vide Chhattisgarh Act 25 of 2015, s. 14.]
