By Tanvi Mehta.  

In a recent ruling, the Supreme Court of India addressed significant issues surrounding the conviction and sentencing in a case involving the rape of a minor by her stepfather. The case, which originated from Kerala, raised questions about the appropriate punishment for such heinous crimes while considering factors such as the convict’s age and time already served. 

The case involved appellant Mallan @ Rajan Kani, who was convicted for raping his stepdaughter. The victim alleged that the appellant would insist she accompany him to a nearby forest to collect firewood, where he would rape her. She also stated that he had raped her on previous occasions in the same forest and at their dwelling house. Initially, the trial court convicted the appellant under Section 376 of the Indian Penal Code, sentencing him to life imprisonment with a fine of ₹2 lakh. In default of paying the fine, he was to undergo rigorous imprisonment for two more years. This verdict was upheld by the Kerala High Court on December 14, 2021. 

The Supreme Court examined two key issues in this appeal: (1) Whether the conviction by the lower courts was justified & (2) Whether the sentence imposed was appropriate given the circumstances of the case. On the first issue, the Supreme Court bench, found “absolutely no reason to interfere with the well-considered finding of the Trial Court as well as the High Court on conviction.” This decision affirmed the lower courts’ judgments regarding the appellant’s guilt. On the second issue of sentencing, the Court adopted a different approach. The appellant’s counsel, representing him as a legal aid matter, presented several key arguments. He noted that the appellant was currently in his 40s and had already served over 8 years of his sentence. Additionally, he highlighted that the appellant’s financial situation rendered him unable to pay the imposed fine of ₹2 lakh. 

Considering these factors and the overall circumstances, the Supreme Court decided to reduce the sentence from life imprisonment to 10 years. However, the Court retained the fine amount of ₹2 lakh, granting the appellant one year to pay it. Furthermore, the Court modified the default clause: if the appellant fails to pay the fine within the stipulated time, he will face an additional year of imprisonment instead of the original two years. 

[Case: Mallan @ Rajan Kani v. State of Kerala, Citation: Criminal Appeal No.____ OF 2024 (Arising out of SLP(Crl.) No.7003/2024)]. 

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