Evidence Act, 1872–Sec. 114A–Penal Code, 1860–Sec. 376(2)–Plea of the prosecutrix that the appellant was in trust, therefore, the presumption u/s. 114A would be applicable–Acceptability–No charge was framed for the offence u/s. 376(2)(f)–Now the victim cannot contend that clause (f) of sub-section (2) was applicable–Further, in examination u/s. 313, it was not the case that he was in a position of trust to the victim–There was no fiduciary relationship between the prosecutrix and appellant, is apparent from the evidence of prosecutrix –Held, there was no burden on appellant to lead evidence to prove his innocence.
