Judgment

Dr. A.S. Anand, CJI.—Was the High Court justified, in the facts and circumstances of the case, to reduce the sentence of 10 years Rigorous Imprisonment imposed by the Trial Court on the respondent for an offence under Section 376 IPC to 4 years Rigorous Imprisonment, while maintaining his conviction and sentence for offences punishable under Sections 254, 323, 341, 363, 448 and 506 of Indian Penal Code, is the only question involved in this appeal by special leave? A brief reference to the facts of the case is necessary to answer the question.

2. The victim of rape is a little girl, who was about 8 years of age at the relevant time. She appeared as PW 1 at the trial. She was living with her parents, Honnaiah, PW 4 (father) and Parvathi, PW 5 (mother) in village Kenjige. Both the accused and the prosecutrix belong to Scheduled Caste. On 5th of May, 1991, between 8.00 and 9.00 p.m. while the prosecutrix and her brother, Ramesh were playing in the Chavani of their house, the respondent went there and called out for Honnaiah, PW 4, father of the prosecutrix. Parvathi, PW 5 was at that time preparing chapatees in the kitchen. She answered back to say that her husband was not in