- (1.) Leave granted. The appellant has been convicted under Section 376 of IPC and sentenced to undergo imprisonment for ten years. Vide order dated 26.11.2018, notice was issued limited to the quantum of sentence.
(2.) We have heard learned counsel appearing on behalf of the appellant as well as learned counsel appearing on behalf of the State-Tamil Nadu.
(3.) After the amendment Act No. 13 of 2013 the offence of rape under Section 376(1) is punishable with imprisonment for a term which shall not be less than ten years and no discretion vested with the Court to reduce the sentence from the minimum sentence. Per contra, prior to the amendment, the conviction under Section 376(1), the punishment shall not be less than seven years. However, discretion is also vested with the Court to impose sentence of imprisonment for a term of less than seven years "for adequate and special reasons to be mentioned in the judgment".;