ORDER .

1. Heard learned counsel for the parties.

2. The sole appellant was convicted by the trial court under Section 376 of the Penal Code and sentenced to undergo rigorous imprisonment for a period of seven years. On appeal being preferred, the High Court confirmed the conviction. Hence, this appeal by special leave.

3. Learned counsel for the appellant first tried to persuade us that it is a case for acquittal. Having perused the records, we are of the view that the High Court has not committed any error in upholding conviction of the appellant as such it is not possible for us to interfere with the same.

4. Learned counsel for the appellant next submitted that the appellant has remained in custody for a period of more than four years, as such the sentence of imprisonment awarded against him should be reduced to the period already undergone. In the facts and circumstances of the case, we are of the view that it is a fit case where sentence of imprisonment awarded against the appellant should be reduced to the period already undergone.

5. Accordingly, the appeal is allowed in part and while upholding conviction of the appellant, sentence of imprisonment awarded against him is reduce