A. K. MATHUR, J. - (1.) THIS appeal is directed against the conviction of the accused appellant under section 376 I. PC. and sentenced to undergo 10 years R. I. , Brief facts giving rise to this appeal are that on 28th July, 1987 at 2. 10 p. m. a report was lodged at police station Ratangarh by Hariram that his daughter Kanta aged 12 years when she was taking the meal of Sanjay to his shop, accused came and caught hold of her and committed a rape on her. She cried for help which attracted Kumbharam and other persons. The accused was apprehended. On the basis of this report a case was registered against the accused u/s. 376 I. P. C. and after due trial he was found guilty of the offence u/s. 376 I. P. C. and he was sentenced to 10 years R. I. Aggrieved against this conviction the accused has preferred this jail appeal. Mr. Kumbhat was appointed as Amicus-curie to assist the court.
(2.) LEARNED counsel does not challenge the conviction of the accused but submits that this* was a solitary incident in the life of the accused and there is no evidence to show that the accused has such criminal activities. It was argued by the learned Amicus curie that accused is 19 years of age and if he is kept behind the bars throughout 10 years he will come out after undergoing the sentence as hardened criminal and it will bring more menace to the society. Therefore, learned counsel submits that a lenient view may be taken in favour of the accused and sentence may be reduced on account of this special reason. I have gone through the record of the case and heard the learned P. P. So far as conviction of the appellant u/s. 376 I. P. C. is concerned, same is upheld. According to the statement of the girl as well as medical evidence it clearly establishes that accused committed a rape on this minor girl aged 12 years Kanta. Now coming to the question of sentence. It is true that after the amendment the severe sentence has prescribed. This is a great menace to society. But the accused is of tender age i. e. around 19 years and if he is allowed to suffer whole of the sentence of 10 years then he will be a hardened criminal and more menace to society. After going through the record I find that there is nothing against the accused regarding his previous conduct and this incident seems to be a sole aberration. Therefore, looking to the peculiar facts and circumstances of the case I am inclined to reduce the sentence from 10 years R. I. with a fine of Rs. 1000/' to 5 years R. I. without fine, In the result, the appeal of the accused-appellant is allowed in part as indicated above. .;