JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in this appeal is to the judgment of a learned Single Judge of the Madhya Pradesh High Court at Jabalpur. By the impugned judgment the High Court while upholding the conviction of the respondent for offence punishable under Section 376 of the Indian Penal Code, 1860 (in short the ‘IPC’) reduced the sentence to the period already undergone. It is to be noted that during hearing of the appeal before the High Court the conviction was not questioned and only the sentence was stated to be high.

2. High Court reduced the period to already undergone on the ground that the accused was an illiterate labourer and belonged to Scheduled Tribe.

3. Learned counsel for the appellant submitted that the reasons indicated do not justify the reduction. There is no appearance on behalf of the respondent in spite of service of notice.

4. The crucial question which needs to be decided is the proper sentence and acceptability of reasons which weighed with learned Single Judge. It is to be noted that the sentences prescribed for offences relatable to Section 376 are imprisonment for life or up to a period of 10 years.

5. The offence of rape occurs in Chapter