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january 2003

Supreme Court of India · 2003-01-08

VIMAL SURESH KAMBLE vs CHALUVERAPINAKE APAL S.P.

Citation / case number
SC 1994/17333
Court
Supreme Court of India
Petitioner
VIMAL SURESH KAMBLE
Respondent
CHALUVERAPINAKE APAL S.P.
Author
B.P. SINGH
Bench
N. SANTOSH HEGDE & B.P. SINGH.

Judgment text excerpt

The Supreme Court overturned the Bombay High Court's acquittal of the respondent under Sections 342 and 376 IPC, emphasizing that the absence of immediate reporting does not negate the credibility of the victim's testimony. The Court held that the victim's conduct post-incident, including her delay in reporting, can be explained by psychological trauma and societal pressures. The judgment reinforced the principle that consent obtained through coercion constitutes rape, thereby upholding the need for a thorough examination of the circumstances surrounding the incident.

VIMAL SURESH KAMBLE vs CHALUVERAPINAKE APAL S.P. · Niyam