JUDGMENT

Bisheshwar Prasad Singh, J.-This appeal by special leave preferred by the State of Rajasthan is directed against the judgment and order of the High Court of Rajasthan at Jaipur, Jaipur, Bench, Jaipur dated 26th April, 1991 in S.B. Criminal Appeal No. 371 of 1990

2. By the impugned judgment the High Court while convicting the respondent of the offence under Section 376 of the Indian Penal Code reduced his sentence to the period already undergone. It appears that the respondent had undergone a sentence of about 2-1/2 years when the impugned judgment was passed. Earlier the learned Additional Sessions Judge. Baran, had found the respondent guilty of the offences under Sections 376 and 457 IPC and had sentence him to undergo 7 years rigorous imprisonment under Section 376 IPC and a fine of Rs. 500/-, in default to six months simple imprisonment. He also sentenced him to 1 year rigorous imprisonment under Section 457 IPC and a fine of Rs. 200/-, in default, 3 months simple imprisonment.

3. Since the respondent was un-represented before us, we requested Shri Alok Bhachawat, Advocate, to assist us an amicus curiae. He has rendered very good assistance to the Court.

4. At the outset