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Supreme Court Reduces Sentence in Step-Daughter Rape Case
The Division Bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah observed that the Appellate Court and the High Court had recorded well reasoned order for the convicted man after hearing his defence lawyers.
Nevertheless, the apex court cut down the quantum of punishment awarded in the case of the convicted step father from life imprisonment to ten years’ rigorous imprisonment while the imposed fine of ₹two lakhs remain unaltered.
After noticing that the stepfather was in his 40s and had remaining more than eight years in jail, the Court considered it right to have a reduction of his jail sentence.
”Summing up the facts and circumstances of the case, the Court cut down the sentence to 10 years and emerging the amount paid as fine Rupees Two lakhs The appellant has been order to pay the said fine amount within a year from today as per the order passed by the Court on September 3.
Justice Sudhanksu Dhulia and Justice Ahsanuddin Amanullah
The Court was hearing an appeal by a man convicted & sentenced to life imprisonment for raping his 12 year stepdaughter in a forest after forcing her to accompany him to collect firewood.
The victim also testified that her step father has sexually violated her on other occasion in the same forest and at her home.
They both found him guilty for the of the offence under Section 376 of the Indian Penal Code, 1860 which is punishment for rape.
When appealing against these verdicts, the man had also claimed that he could not afford the fine of ₹2 lakh which was also imposed on him.
This amount, however, remained tactfully dismissed by the top court without any reduction of the amount and he was given one year to pay the amount.
“In circumstances where the said fine amount is not paid by the appellant within the said time then the appellant shall undergo one year (instead of two years RI) of further sentence,” the Court said.
Senior Advocate DN Goburdhun and advocate Nidhi represented the appellant (convict).
The respondents (State of Kerala and the victim) has been represented by Advocates namely; Harshad V Hameed, Dileep poolakkot, Ashly Harshad and Farhad Tehmu Marolia.
