- (1.) Accused appellant Bajrang Lal was indicted before the learned Sessions Judge, Jhunjhunu for having committed offence under Section 376 of the Indian Penal Code. Vide judgment dated September 30,1980 he was found guilty, convicted under Section 376 of the Indian Penal Code and was sentenced to suffer one year rigorous imprisonment and a fine of Rs. 2,000/-, in default of payment of fine, to further suffer rigorous imprisonment for six months.
(2.) On 21.10.1980, while admitting the appeal, this Court issued notice to the appellant as to why the sentence awarded to him should not be enhanced. Under these circumstances, the appeal has been placed before us.
(3.) The only contention by Mr. Amit Poonia, learned counsel appearing for the appellant is that as per the testimony of Dr. Mool Singh, PW-1 the age of the appellant on the date of occurrence was 15 years and be was child within the definition of Section 2(d) of the Rajasthan Children Act, 1970 (hereinafter to be referred as the 1970 Act). As the 1970 Act was not applicable to District, Jhunjhunu on the date of decision, the provisions contained in the Section 22 of the 1970 Act were not made applicable to the appellant.;