STATE OF ANDHRA PRADESH Vs. BODEM SUNDARA RAO

JUDGEMENT

(1.) Leave granted.

(2.) On 16-2-1985 the prosecutrix, PW 2, aged between 13-14 years was sexually assaulted by the respondent in broad day light. The prosecutrix was carrying lunch for her father, who was grazing cattle in the fields when the respondent all of a sudden caught hold of her and committed rape on her despite her protestations. The prosecutrix, who was bleeding profusely from her vagina on account of the rape committed by the respondent, reported the incident to her father, PW 3 and to her mother PW 4. The First Information Report was thereafter lodged with the police. The prosecutrix was medically examined and the doctor opined that she had been subjected to rape. The respondent was sent up for trial under Section 376, Indian Penal Code. The trial Court after appraising the evidence on the record found the respondent guilty of an offence under Section 376, Indian Penal Code vide judgment dated 7th February, 1986 and imposed the sentence of ten years' rigorous imprisonment on him. The respondent filed an appeal in the High Court against his conviction and sentence. While maintaining the conviction of the respondent, the High Court, however, reduced the sentence to a period of four years. While reducing the sentence the High Court merely observed:

(3.) The State has come in appeal by special leave complaining about the inadequacy of the sentence imposed upon the respondent by the High Court. It is submitted that the High Court was not at all justified in reducing the sentence and that in any event should not have imposed any sentence less than the prescribed minimum under Section 376 (1), I. P. C. (after amendment). Despite service the respondent chose not to appear before us. We, therefore, directed the appointment of an amicus curiae to represent him.