JUDGMENT

Santosh Hegde, J.-Heard learned counsel for the parties.

Leave granted.

2. The State of Madhya Pradesh has preferred this appeal for enhancement of sentence awarded by the High Court of Judicature at Madhya Pradesh in Criminal No. 952 of 1990 dated 7th of August, 2003.

3. The learned Sessions Judge who tried the sessions case No. 36 of 1989 in which the respondent herein was accused of having committed rape of one Kusumbai, having found the accused guilty and after hearing the accused on the question of sentence convicted the respondent for an offence punishable under Section 376 of IPC and awarded a sentence of 7 years rigorous imprisonment and fine of Rs. 1,000/- and in default to undergo further sentence of rigorous imprisonment for a period of one year.

4. In an appeal filed against the said conviction and sentence the High Court by the impugned order while confirming the conviction reduced the sentence of imprisonment to a period already undergone which on the date of the judgment was about 10 months.

5. It is the prosecution case that, on 15th of June, 1988 at about 8.00 o clock in the morning in the village of Dhadhari the respondent herein committed rape on Kusumbai who