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Synopsis

The Supreme Court recently upheld conviction of a man for the rape of his stepdaughter but reduced his sentence from life term to 10 years of imprisonment.

A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah considered the totality of the facts and circumstances of the case to reduce the sentence to 10 years but retained the fine amount as Rupees Two lakhs. 

Court, however, declined to interfere with the trial court as well as the Kerala High Court's judgments on conviction of appellant Mallan @ Rajan Kani.

The appellant was convicted and sentenced to life imprisonment with a fine of Rupees Two lakh in default to undergo rigorous imprisonment for two more years for the offences punishable under Section 376 of the Indian Penal Code, which had been upheld in appeal before the high court by its order on December 14, 2021. 

The case of the prosecution against the appellant was that he was the stepfather of the victim and he used to insist that the victim accompany him to the nearby forest to collect firewoods where she was raped by the appellant. 

The victim also stated that the appellant had raped her on previous occasions as well, in the very same forest and also at her dwelling house.

"Under these circumstances, we see absolutely no reason to interfere with the well-considered finding of the Trial Court as well as the High Court on conviction," the bench said.

A senior counsel for the appellant thereafter argued on the sentence. 

The counsel said presently, the appellant was in his 40s and he had already undergone more than eight years of the sentence. His financial condition was such that he would never be able to pay the fine of Rupees Two lakh which had been additionally imposed upon him, he said.

He argued the case as legal aid counsel.

"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 bench said.

Court also clarified that 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.

Case Title: Mallan @ Rajan Kani Vs State of Kerala