M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned 2nd Additional City Sessions Judge, Surat (hereinafter referred to as "trial Court") in Sessions Case No. 184 of 2008 by which while convicting the original accused for the offence punishable under Sections 363, 376 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"), the learned trial Court has imposed the sentence of only 7 years' R.I. for the offence punishable under Section 363 of the IPC with fine of Rs. 5000/- and in default of payment of fine to undergo further 1 years' S.I. and has imposed the sentence of 7 years' R.I. with fine of Rs. 5000/- and in default of payment of fine to undergo further 1 year's S.I. for the offence punishable under Section 376 of the IPC, the State has preferred the present Appeal for enhancement of the punishment/sentence imposed by the learned trial Court, imposed while convicting the original accused for the offences punishable under Sections 363 and 376 of the IPC.

2. At the outset, it is required to be noted that at the time of incident the prosecutrix was aged less than 12 years of age. At the time of commission