JUDGMENT

S. Saghir Ahmad, J.-Leave granted.

2. The appellant was found guilty of the offence under Section 376 IPC and was sentenced to 10 years rigorous imprisonment and to pay a fine of Rupees one thousand, in default of which he was to undergo RI for another three months, by the Addl. Sessions Judge, Tumkur, by her judgment dated September 30, 1994. This has been upheld by the High Court by the impugned judgment dated January 24, 1997. The appellant is in jail and it is from the jail that he has filed the present appeal. Mr. Seeraj Bagga has appeared as counsel for the appellant and it was in his presence that the order dated 10th September, 1999 was passed by this Court, which reads as under :

"Delay condoned.

The victim of rape in this case is a child of one and half year. The petitioner has been convicted under Section 376 IPC and sentenced to ten years rigorous imprisonment. Section 376 IPC provides that on the offence of rape being established, the Court shall sentence the accused with rigorous imprisonment for a term not less than ten years, but "which may be for life" and shall also be liable to fine. The proviso to sub-section (2), however, allows the Court to impose a s