JUDGMENT

Y.K. Sabharwal, J.-It is necessary for the courts to have a sensitive approach when dealing with cases of child rape. The effect of such a crime on the mind of the child is likely to be lifelong. A special safeguard has been provided for children in the Constitution of India in Article 39 which, inter alia, stipulates that the State shall, in particular, direct its policy towards securing that the tender age of the children is not abused and the children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that the childhood and youth are protected against exploitation and against moral and material abandonment. In the present case, the victim at the time of occurrence of rape was a child aged eight years. The accused was youth aged 18 years. The Additional District and Sessions Judge found him guilty for offence under Section 376, Indian Penal Code and imposed rigorous imprisonment for seven years and fine of Rs. 1,000/- and in default of payment of fine to further undergo six months rigorous imprisonment. The High Court by the impugned judgment dated 14th November, 1995 giving to the accused the benefit of do