Judgment

G.P. Mathur, J.—1. Delay in filing and refiling the special leave petition is condoned.

2. Leave granted.

3. This appeal has been preferred by the State of M.P. against the judgment and order dated 1.7.2003 of Justice N.S. Azad of M.P. High Court in Crl. Appeal No. 580 of 1998.

4. The trial Court convicted the accused under Section 376 I.P.C. and Section 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act and sentenced him to various terms of imprisonment and fine. He was awarded a sentence of 7 years R.I. and a fine of Rs. 5000/- and in default to undergo R.I. for a further period of 18 months under Section 376 I.P.C. The High Court partly allowed the appeal and while upholding the conviction of the accused on various counts reduced the sentence to the period already undergone which is nearly 15 months.

5. Learned counsel for the appellant has submitted that the sentence imposed by the High Court is wholly inadequate looking to the nature of the offence and is contrary to the minimum prescribed by law.

6. Sub-section (1) of Section 376 I.P.C. provides that whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either d