JUDGMENT
Bhanwaroo Khan, J. - Ram Prasad Nagar PW-5 submitted a written complaint Ex.P-3 on 26.9.2001 at the Police Station Sangod regarding the occurrence alleged to have taken place on 25.92001. In the written report it was mentioned by the complainant that today i.e. on 26.9.2001 at about 7.00 P.M. when he returned to his house he was informed by his wife Shanti that on 25.9.2001 at about 5.00 P.M. when his daughter (prosecutrix) went to ease herself then Ramesh son of Prabhu Lal Meghwal committed rape on her. Hearing cries of his daughter his son Jugal Kishore arrived at the place of the occurrence but the accused fled away. On the basis of the written complaint the police registered a case under Section 376 I.P.C. vide F.I.R. No. 324/2001. The said report after investigation culminated into challan against the appellant under Section 376 I.P.C.2. On the basis of the material and evidence collected by the investigating agency, learned trial Court framed charge against the appellant under Section 376 I.P.C. to which he d-nied, pleaded not guilty and claimed trial.3. To prove its case the prosecution examined as many as 14 witnesses and also got exhibited some documents. In his statement under Section 313 Cr.P.C. the appellant denied the allegations but no defence was led.4. The learned trial Court after recording evidence of the prosecution and hearing both the side and also after discussing the entire evidence and material available on record by the impugned judgment dated 1.6.2002 has convicted the appellant for offence under Section 376 I.P.C. and has sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1000/-. In default of payment of fine to further undergo simple imprisonment for six months. Being aggrieved of the impugned judgment of conviction and order of sentence the appellant has preferred the instant appeal before this Court.5. Heard learned counsel for the appellant, learned Public Prosecutor and perused the material and evidence available on the record of the case.6. Learned counsel for the appellant without assailing conviction of the appellant under Section 376 I.P.C. simply submitted that the appellant has already suffered the minimum sentence provided for the offence as he is in custody since 4.10.2001 and has already undergone imprisonment for seven years and 5 months. The appellant at the time of commission of offence was of the age of 20 years and has suffered a lot. Therefore, counsel requested that the appellant be set at liberty for the period already undergone by him.7. Learned Public Prosecutor has opposed the prayer and has contended that the Court should respect the legislative mandate in the matter of awarding the sentence in the cases of offence against the women and that crimes of violence upon women need to be severely dealt with. In support thereof, learned Public Prosecutor has placed reliance on the judgment of the Supreme Court in the matter of State of Rajasthan v. Madan Singh, Appeal (Crl.) 234 of 2008, decided on 1.2.2008. It is pertinent to mention here that in this case the victim of the rape was a girl under 12 years of age and the conviction of accused was under Section 376(2)(f) I.P.C.8. After hearing learned counsel for the parties, I have gone through the material and evidence available on record, the relevant provisions of law as well as the judgment cited at the Bar.9. A perusal of the record reveals that at the time of commission of the offence, the appellant was of 20 years of age and he has suffered the minimum sentence as provided for the offence. The appellant was arrested on 4.10.2001 and has been in judicial custody till date. From the medical examination report (Ex.P-11) of the prosecutrix as well as her statement recorded under Section 161 Cr.P.C. it is clear that at the time of commission of the offence the prosecutrix was 16 years of age. The Radiological age of the prosecutrix, as per the certificate (Ex.P,12) was about 16-17 years

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