SC Upholds Conviction of Man for Repeatedly Raping Stepdaughter

SC Upholds Conviction of Man for Repeatedly Raping Stepdaughter

The Supreme Court has recently affirmed the conviction of an individual for the repeated rape of his stepdaughter.

The Division Bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah stated that there was no reason to interfere with the trial court and Kerala High Court's thorough findings regarding the man's conviction.

However, the Supreme Court reduced the stepfather's sentence from life imprisonment to ten years, while maintaining the ₹2 lakh fine imposed on him.

The reduction in sentence was deemed appropriate due to the stepfather's age, being in his 40s, and the fact that he had already served over eight years of his sentence.

"Having considered the totality of the facts and circumstances of the case, we reduce the sentence to 10 years and retain the fine amount as Rupees Two lakhs. The appellant shall pay the said fine amount within a period of one year from today," the Court said in its September 3 order.

The Court was reviewing an appeal by a man sentenced to life imprisonment for raping his stepdaughter in a forest after compelling her to accompany him for firewood collection. The victim also reported that the stepfather had previously raped her in the same forest and at their home.
 
Both the trial court and the Kerala High Court had convicted him under Section 376 (punishment for rape) of the Indian Penal Code, 1860. In his appeal, the man contended that he was unable to pay the additional ₹2 lakh fine imposed on him.
 
However, the Supreme Court upheld the fine and directed him to pay it within a year.
 
"In case the said fine amount is not paid by the appellant within the stipulated time, the appellant shall undergo one year (instead of two years RI) of further sentence," the Court added.
 
Senior Advocate DN Goburdhun and advocate Nidhi appeared for the appellant (convict).

Advocates Harshad V Hameed, Dileep Poolakkot, Ashly Harshad and Farhad Tehmu Marolia appeared for the respondents (State of Kerala and the victim).

Case Title: Mallan @ Rajan Kani v. State of Kerala

 
 
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