Supreme Court upholds 8-year jail term for man who caused death of rape accused's brother

New Delhi: The Supreme Court has upheld the conviction and sentence of eight years of jail handed down to a man for culpable homicide not amounting to murder of a younger brother of another man who was accused of raping his cousin, begetting a child and declining to marry her.

A bench of Justices Dipankar Datta and Augustine George Masih dismissed an appeal filed by Kotresh alias Kotrappa against the Karnataka High Court's February 8, 2024 judgment which reduced his sentence from 10 years to eight years imprisonment.

The court held that the High Court Dharwad bench's decision does not call for any interference and that the appellant was not entitled to any relief.

"The appellant was about 20 years of age at the time of the incident and that there may have been some exasperation in his mind, nevertheless, the courts are obligated to adopt a balanced and principled approach in matters of sentencing, as undue leniency can cause public confidence in the justice system to plummet, while excessive severity may lead to injustice," the bench said.

It was alleged that the first cousin of the appellant was raped by the elder brother of the deceased. The girl had given birth to a child too. While the elder brother was in custody and facing trial for the offence under Section 376, IPC, the family members of the appellant including the father of the girl insisted that marriage between the two must be solemnised. On the date, during an altercation, the accused took an axe and hit at neck of the deceased, resulting in his death.

The court said, no doubt, the appellant had a reason to bear a grudge against the rape accused. Being a close relative of the girl and faced with the situation in which she was placed, the appellant may not have been unjustified in nurturing a grievance and securing justice for her.

It also noted the girl was also very young and having given birth to a child, the appellant might have felt as a dutiful brother to take care of her interest.

The bench, however, said it cannot keep aside the role of the deceased in the entire incident.

There is no allegation levelled by any witness that the deceased was part of the altercation and the subsequent scuffle leading to fight; in fact, there is evidence on record that he had intervened in the course of the fight and was attempting to bring about peace between the two factions, the bench said.

''An innocent person was done to death by the appellant without there being any provocation,'' the bench said in its judgment on October 17, 2025.

The court found there was no provocation, but neither the State nor the complainant appealed against the judgment of conviction recorded by the sessions court.

"We, therefore, do not see reason to dilate on this aspect any further,'' the bench said.

Upholding the High Court's order, the bench said, the appellant may seek remission if eligible under the rules.