Cr. Appeal No. 291 of 1999 27.5.2011 Present: Mr. Vivek Thakur, Addl. A.G. with Mr. Rajesh Mandhotra, Dy. A.G. for the appellant-State Mr. Bimal Gupta, Advocate, for respondent No. 1. Mr. Praneet Gupta, Advocate, for respondents No. 3 and 4. Respondent No. 1/convict is present in person. Vide judgment dated 16.5.2011 we have convicted the accused Nandu of having committed an offence punishable under Section 376 IPC. Today we have heard him on the quantum of sentence. Mr. Bimal Gupta, learned counsel for the accused/ convict submits that the offence in question took place more than 15 years back. In the meantime the convict has got married and has two minor children to support and is the sole bread earner of the family and therefore he submits that a lenient view in the matter may be taken. 2. The minimum punishment prescribed under Section 376 IPC is seven years. Though the Court has been given the power for adequate and special reasons to impose sentence of less than seven years. We are not oblivious to the fact that the offence took place on 12.7.1998 i.e. about thirteen years back. Accused in the meantime has married and has two minor children. We, therefore, have to take into consideration the fact that while imposing punishment on the accused/convict we may be punishing his wife and children to a certain extent also. On the other hand we cannot loose sight of the fact that the accused has -2- been found guilty of committing a heinous offence and of having sexual intercourse with a girl child of 13 years age. While imposing the sentence we are also taking into consideration the fact that we were prima facie of the view that the girl was a consenting party to the sexual act. 3. For the aforesaid reasons we feel that it is a fit case where imprisonment of less than seven years should be imposed. We, therefore, sentence the accused/convict to undergo rigorous imprisonment for a period of three years and to pay a fine of ` 10,000/- (Rupees ten thousand only). In default of payment of fine he shall undergo further rigorous imprisonment for six months. The period of incarceration undergone shall be adjusted against this period. Bail bonds of the accused are cancelled and he is directed to surrender and undergo the sentence. Registry is directed to supply a copy of the judgment and this order to the convict during the course of the day. (Deepak Gupta), Judge. (Sanjay Karol), Judge. May 27, 2011 (PK)