- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a learned Single Judge of the Rajasthan High Court at Jodhpur. A learned Single Judge by the impugned judgment while upholding the conviction for offence punishable under Section 376 (2)(f) of the Indian Penal Code, 1860 (in short the "IPC"), reduced the sentence from 10 years to 7 years.
(3.) The respondent allegedly committed rape on a minor girl aged about 10 years on 29.8.1999. There is no need to refer to the factual position in detail as the High Court has upheld the conviction. It only needs to be noted that on the basis of the evidence adduced, the trial Court found that the victim was aged about 10 years. The only point which was urged before the High Court in addition to the question of sentence was that the offence at best was one under Section 376 read with Section 511 IPC. It was submitted that the accused had suffered custody of about 6 years and, therefore, he being only bread earner of the family and being of young age, the sentence should be reduced to the period already undergone. The plea was opposed by the State stating that in view of the statutory minimum sentence provided, no leniency was called for. The High Court found that the trial Court was justified in holding the appellant guilty of offence punishable under Section 376 (2)(f) of IPC. As the victim was aged about 10 years, it held that considering the factual position after assigning reason the minimum sentence can be reduced. Having so observed, the High Court reduced the sentence to seven years and a fine of Rs.5,000/- with default stipulation with the following conclusions was imposed: "After having considered the entire matter and also taking into consideration the submission of learned counsel that the accused is a young person who is the only bread earner of his family and his kids who have now grown up need his supervision, I deem it proper to reduce his sentence under Section 376(2)(f) to a term of 7 years with fine of Rs.5,000/- in default, to further suffer one year's simple imprisonment and modify the order of learned trial Court to that extent.";