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april 2014

Supreme Court of India · 2014-04-04

VINOD KUMAR vs STATE OF KERALA

Citation / case number
SC 2013/28901
Court
Supreme Court of India
Petitioner
VINOD KUMAR
Respondent
STATE OF KERALA
Author
VIKRAMAJIT SEN
Bench
VIKRAMAJIT SEN K.S. RADHAKRISHNAN

Judgment text excerpt

The Supreme Court upheld the conviction of the Appellant under Section 376 IPC for rape, while modifying the sentence from seven years to four years of rigorous imprisonment and maintaining a fine of Rs. 25,000. The Court found that the High Court's characterization of the prosecutrix as a victim was inconsistent with the established facts of mutual consent and prior acquaintance. The ruling clarified the application of the Fourth Explanation to Section 375 IPC, emphasizing the importance of consent in determining culpability in sexual offenses.

VINOD KUMAR vs STATE OF KERALA · Niyam