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Taking into consideration, therefore, the evidence of the prosecutrix and the complainant, in my view, the trial court was justified in convicting the accused for the offence punishable under Section 376(2)(f) and Section 506 of the IPC.

9. On the question of sentence, Shri Mohite, learned Counsel appearing on behalf of the appellant submitted that this Court may award sentence below the minimum sentence which is permissible under Section 376.

14. The Apex Court thereafter in para 33 has noted that the court can impose less than the minimum sentence of seven years' to record "adequate and special reasons". In para 33, it is observed as under :-

"33. The proviso to sub-section (1) of Section 376 IPC thus enjoins the court if it imposes less than the minimum sentence of seven years' rigorous imprisonment on an offender of

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prevail when a minimum sentence is prescribed by the legislature and if a deviation is to be made from the minimum sentence, compelling reasons have to be given.

However, in any of these judgments, it can be seen that what are compelling reasons or adequate or special reasons are not mentioned.

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have a fatal outcome. Therefore, degree of damage which is done physically and mentally also has to be taken into consideration while awarding the sentence which is below the minimum sentence of 10 years. In my view, taking into consideration the fact that there was no bleeding, injury and that vaginal inflammation could be caused due to urinary infection which admittedly existed at the relevant time which could also cause irritation and contusion to the labia minora is another factor which according to me would be adequate and a special circumstance which will have to be taken into consideration while awarding the sentence. The third factor is that though initially complaint lodged on 14th September, 2002 was of molestation, by a supplementary statement which was recorded by the police at the police station in the presence of three social workers belonging to Mahila Mandal, the offence of molestation under Section 354 was later on converted into Section