Supreme Court Reduces Jail Sentence Of Man Convicted For Raping Step-Daughter
The Supreme Court recently upheld the conviction of a man for repeatedly raping his stepdaughter, but reduced his sentence in the rape case.
The Supreme Court recently upheld the conviction of a man for repeatedly raping his stepdaughter, but reduced his sentence in the rape case.
A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah said that it found absolutely no reason to interfere with the well-considered findings of the trial court and the Kerala High Court on the man's conviction in the rape case, but reduced his sentence from life imrisonment.
The top court reduced the sentence of the convicted stepfather from life imprisonment to ten years in jail. The court however, upheld the Rs 2 lakh fine imposed on him.
"The case of the prosecution against the appellant is that he is the step father of the victim and the he used to insist that the victim accompany him to the nearby forest to collect fire woods where she was raped by the appellant. The victim also states that the appellant had raped her on previous occasions as well, at the very same forest and also at her dwelling house," the court noted in its order while refusing to interefere with conviction.
The convict's lawyer however argued against the life sentence and penalty of Rs 2 Lakhs imposed on him.
He told the court that presently, the convicted step-father is in his 40s and he had already undergone more than 8 years of the sentence. His financial condition is such that he will never be able to pay the fine of Rupees Two lakh which has been additionally imposed upon him.
"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. 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 Rigorous Imprisonment) of further sentence," the court noted in its order.
The apex court reduced the jail term 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 convicted man had appealed in the top court against trial court and Kerala HC verdicts and the fine imposed on him. The Supreme Court reduced his sentence but refused to reduce this amount and directed him to pay it within a year.
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