Supreme Court · 2014 INSC 249 · Decided 4 April 2014

Vinod Kumar v. State of Kerala

Court
Supreme Court of India
Citation
2014 INSC 249 · [2014] 4 S.C.R. 752
Case number
CRIMINAL APPEAL No. 821/2014
Decided
4 April 2014
Bench
K.S. RADHAKRISHNAN, VIKRAMAJIT SEN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 376, 417, 419

Headnote

PENAL CODE, 1860: s. 376 - Rape - Consent - Consensual sexual relationship - Allegation against appellant C that he entered into marital relations with the prosecutrix without disclosing to her the fact of his being already married - Defence case that the prosecutrix was well aware that the for registration of marriage - Trial court convicted u/s.376 - High D Court though noted that friendship between the coup/~ strengthened into close acquaintance· and eventually leading them to elope, still convicted the appellant and treated prosecutrix as victim - On appeal, held:

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