Supreme Court upholds conviction of man for rape of step-daughter but reduces jail term

The Supreme Court recently upheld the conviction of a man for repeatedly raping his stepdaughter [Mallan @ Rajan Kani v. State of Kerala]. .The Division Bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah said that it had absolutely no reason to interfere with the well-considered findings of the trial court and the Kerala High Court on the man's conviction.However, the top court reduced the sentence of the convicted stepfather from life imprisonment to ten years in jail, while upholding the ₹2 lakh fine imposed on him.The Court deemed it appropriate to reduce the jail sentence after taking note that the stepfather was in his 40s and had already undergone more than 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 hearing an appeal by a man convicted and sentenced to life imprisonment for raping his stepdaughter in a forest after he insisted that she accompany him to collect firewood.The victim also submitted that her stepfather had raped her on previous occasions as well, in the very same forest and also at her house.Both the trial court and the Kerala High Court convicted him for the offence under Section 376 (punishment for rape) of the Indian Penal Code, 1860.In his appeal challenging these verdicts, the man had also argued that he did not have the means to pay the ₹2 lakh fine that was additionally imposed on him. The top court, however, refused to reduce this amount and ordered 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). .[Read Order]