Supreme Court Modifies Life Term in Stepdaughter Rape Case, Orders 10-Year Imprisonment and ₹2 Lakh Fine

By Legal Wires 4 Minutes Read

The Supreme Court of India delivered a crucial judgment in a criminal special leave to appeal against the decision of the Kerala High Court, which had upheld the conviction of the appellant for raping his stepdaughter. Convicted under Section 376 of the Indian Penal Code (IPC), 1860, the appellant had been sentenced to life imprisonment. The Division Bench, comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, upheld the conviction but reduced the sentence to 10 years while retaining the fine of Rupees Two lakhs.

Case Background:

The convict had been sentenced by the Trial Court to life imprisonment and a fine of Rupees Two lakhs. In default of payment, the convict was to serve an additional two years of rigorous imprisonment.
According to the prosecution, the convict frequently coerced his stepdaughter to accompany him to the forest under the guise of collecting firewood, where he raped her.
The stepdaughter testified that the convict had previously raped her on multiple occasions, both in the forest and at their home.

Conviction Upheld by the Supreme Court:

After reviewing the evidence, the Supreme Court refused to interfere with the conviction that had been upheld by both the Trial Court and the Kerala High Court.
The Court found that the conviction was based on well-established facts and stated that the findings of the lower courts were “well-considered and based on solid evidence.”

Sentence Reduced to 10 Years:

The Court considered the convict’s age (in his 40s) and the fact that he had already served more than eight years of his sentence.
The convict’s financial situation was also a key factor, as it was argued that he would not be able to pay the Rupees Two lakhs fine.
As a result, the Supreme Court reduced the sentence from life imprisonment to 10 years but retained the fine.

“The convict’s age and financial condition warrant some leniency in sentencing, though the gravity of the crime requires that the fine be maintained,” the Court noted.

Directions on Fine Payment:

The Court directed that the convict must pay the fine of Rupees Two lakhs within one year from the date of the judgment.
If the fine is not paid within the stipulated time, the convict will undergo an additional one year of rigorous imprisonment (instead of the two years initially imposed).

“In default of payment, the convict shall serve one more year of rigorous imprisonment,” the Court clarified.

Mallan v State of Kerala, Special Leave to Appeal (Crl.) No(s). 7003/2024.