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.