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: SUNITA GUPTA, J.

1. The challenge in this appeal is to the judgement and order of sentence dated 22nd March, 2012 and 23rd March, 2012 in Sessions Case No. 15/2011 arising out of FIR No. 375/2010 under Sections 363/376/506/34 Indian Penal Code, 1860 (for short, „IPC‟) registered as Police Station Sarai Rohilla vide which the appellant was convicted for the offence under Section 376 IPC and sentenced to undergo rigorous imprisonment for 4 years and a fine of Rs 5000/-, in default of payment of fine, to undergo simple imprisonment for 2 months.

10. I have considered the submissions of learned counsel for the parties and have perused the Trial court record.

11. From the testimony of the prosecutrix and other corroborating evidence, prosecution had succeeded in proving the charge under Section 376 IPC. The findings of learned Trial Court in this regard do not suffer from any infirmity which calls for interference. Even the appellant has opted not to challenge the findings of the Trial Court on conviction under Section 376 IPC. As such, the order of conviction passed by the learned Trial Court stands confirmed.

17. Section 376 IPC provides for punishment for rape. Offence of rape is punishable with imprisonment of either description for a term which shall not be less than seven years but which may be extend to ten years. The convict shall also be liable to fine. Proviso to Section 376(1) states 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. Thus, a minimum of seven years sentence is provided under Section 376(1) of the Indian Penal Code (IPC). Sentence for a term of less than seven years can be imposed by a court only after assigning adequate and special reasons for such reduction. Thus, ordinarily sentence for an offence of rape shall not be less than seven years. When the legislature provides for a minimum sentence and makes it clear that for any reduction from the minimum sentence of seven years, adequate and special reasons have to be assigned in the judgment, the courts must strictly abide by this legislative command.

"This is yet another opportunity to inform the subordinate Courts and the High Courts that despite stringent provisions for rape Under Section 376 Indian Penal Code, many Courts in the past have taken a softer view while awarding sentence for such a heinous crime. This Court has in the past noticed that few subordinate and High Courts have reduced the sentence of the accused to the period already undergone to suffice as the punishment, by taking aid of the proviso to Section 376(2) Indian Penal Code. The above trend exhibits stark insensitivity to the need for proportionate punishments to be imposed in such cases."