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Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

Explanation 1.--Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section."

40. It has been established that at the time of commission of crime the victim was aged about 7 years and below 12 years of age. Hence, in case of rape with girl of a tender age, if the charges are proved beyond reasonable doubt, the accused shall be punished with imprisonment of either description for a term which shall not be less than 7 years, but which may be for life or for a term which may extend to 10 years and shall also be liable to fine. Though as per the proviso the court may, for adequate and special reasons mentioned in the judgement, imposed sentence of imprisonment for a term of less than 7 years. As per Explanation-1 where a woman is raped by one or more persons in a group acting in furtherance of the common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section. It has been proved that it is a case of gang rape by all the accused persons with the victim.

54. Learned AGA argued that in the facts of the present case, it is a case of gang rape by three responsible persons who committed the brutal sexual offence with a 7 year old girl child, hence, the principles laid down in the said case cannot be applied to the present case. The appellants were mature and family persons, therefore, they cannot be treated at par to the accused of 18/19 years of age.

55.(5) In Rajendra Datta Zarekar Vs. State of Goa, (2007) 14 SCC 560, the victim was aged about 6 years. It was a rape by single young man of 20 years, wherein only fine was reduced from Rs.10,000/- to Rs.1,000/- but the sentence of 10 years RI was maintained by the Apex Court. Hence, the appellants cannot claim parity with the case at hand.

59. The Court observed "rape is a monstrous burial of girl's dignity in the darkness. Her dignity and purity of physical frame is shattered and she may not be able to assert the honour of a woman for no fault of her".

60. It is not a case of rape by juvenile, a single accused with a mature lady or with a girl who is on the verge of attaining the age of puberty or majority. The victim was not knowing even the nature of the offence. Therefore, considering the nature of injuries, age of the victim, age of the accused persons and that it is a case of gang rape with a little girl, this Court is of the view that the trial court has rightly imposed the sentence of life imprisonment and fine of Rs.10,000/- each. This Court does not find any sufficient and cogent ground to reduce the sentence. It is informed by the learned AGA that presently the victim is a young-unmarried-girl. At present she is about 19 years of age. The accused are the residents of the neighbouring village. If the sentence is reduced and they are released, social and personal safety problems may cause serious prejudice to the victim.