Judgment

B.P. Singh, J.—This appeal by special leave is directed against the judgment and order of the High Court of Karnataka at Bangalore dated 20th April, 1995 in Criminal Appeal No. 428 of 1992 whereby the High Court while dismissing the appeal and upholding the conviction of the appellant under Section 376 of the Indian Penal Code reduced the sentence to two years rigorous imprisonment and a fine of Rs. 5000/- and in default, to undergo further rigorous imprisonment for 6 months. Earlier the Sessions Judge, Karwar before whom the appellant was tried in Sessions Case No. 16/90, by his judgment and order dated 27th November, 1992 sentenced the appellant to seven years rigorous imprisonment under Section 376 of the Indian Penal Code and a fine of Rs. 20,000/- and in default, to undergo further rigorous imprisonment for six months. He also directed that out of the fine, if realized, a sum of Rs. 10,000/- be given to the prosecutrix/complainant. The trial court as well as the High Court have concurrently held that though the prosecutrix had consented to sexual intercourse with the appellant, the consent was obtained by fraud and deception inasmuch as the appellant induced her to co