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(2019) Law Today Live Doc. Id. 15336
(@ Special Leave Petition (CRL.) No. 10269 of 2018)
Decided on: 21.01.2019
For Petitioner(s):
Mr. Sanjay Jain, AOR,
For Respondent(s):
Mr. M. Yogesh Kanna, AOR, Mr. S. Raja Rajeshwaran, Adv., Mr. S. Partha Sarathi, Adv.
Indian Penal Code, 1860 (45 of 1860), Section 375 (Fifthly), 376 – Rape case – Conviction u/s 376 of IPC – Quantum of sentence -- Prior to the Amendment 13 of 2013, the conviction u/s 376(1), the punishment shall not be less than seven years – Accused was aged about 23 years at the time of occurrence in 2009 and victim was aged about 14 years and 5 months -- Consent of victim is of no consequence to reduce the sentence less than minimum sentence of seven years – Considering the period of sentence already undergone and also the facts and circumstances of the case, the sentence of imprisonment imposed upon the appellant is reduced from 10 years to the statutory minimum period of seven years.
(Para 1,4,5)
ORDER
Leave granted.
1. 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”.
4. In the present case, as per medical opinion, the victim is stated to be 14 years and 5 months which is covered under Section 375 (sixthly) “with or without her consent, when she is under sixteen years of age”. Since the victim was aged about 14 years and 5 months at the relevant point of time, her consent is of no consequence to reduce the sentence less than minimum sentence of seven years.
5. The occurrence was of the year 2009 and at the time of occurrence, the accused was aged about 23 years. Considering the period of sentence already undergone and also the facts and circumstances of the present case, the sentence of imprisonment imposed upon the appellant is reduced to the statutory minimum period of seven years.
6. The appeal is, accordingly, partly allowed.
Order accordingly.
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