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Judgment
N. Ananda, J.—The State has filed this appeal for enhancement of sentence of imprisonment of respondent (accused) for an offence punishable u/s 376(f) IPC. The learned trial judge has sentenced the respondent (accused) to undergo rigorous imprisonment for a period of 5 years and pay fine of Rs. 500/- with default sentence for an offence punishable u/s 376(f) IPC.
In the instant case the offence was committed on 19.06.2010.
Section 376 IPC, which provides punishment for rape was amended by Criminal Law (Amendment) Act, 2013 with effect from 03.02.2013 wherein, it is stated that if an offence is committed on a woman under the age of 12 years, the accused shall be punished with rigorous imprisonment for a term which shall not be less than 10 years. Therefore, Section 376 as amended by the Criminal Law (Amendment) Act, 2013 with effect from 03.02.2013 is not applicable to the instant case.
Before the amendment of Section 376 IPC by the Criminal Law (Amendment) Act, 2013 with effect from 03.02.2013, the punishment for rape on a woman when she is under 12 years of age shall not be less than 7 years however, the court had discretion to reduce the sentence of imprisonment for a term less than 7 years for adequate and special reasons to be recorded therein.
In the instant case, the victim was aged about 13 years 11 months as on the date of offence. Therefore, the minimum statutory imprisonment provided for an offence punishable u/s 376 IPC, is not applicable to the instant case.
In view of the above discussion, I do not find any reasons to enhance the sentence imposed for an offence punishable u/s 376 IPC.
Therefore, I pass the following:
ORDER
The appeal is dismissed. However, it is made clear that judgment of dismissal of this appeal shall not have bearing on merits of appeal, if any, filed by the accused against the impugned judgment of conviction and also for reduction of sentence.