STATE OF MADHYA PRADESH Vs. SANTOSH KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) A six years old child was subjected to sexual abuse by the respondent. He faced trial for alleged commission of offences punishable under Section 376(2)(f) and Section 342 of the Indian Penal Code, 1860 (in short the IPC). The trial court found respondent guilty of the offences for the offence punishable under Section 376(2)(f), IPC, respondent was sentenced to undergo imprisonment for 10 years R.I. with a fine of Rs.500/- with default stipulation. He was further sentenced to undergo imprisonment of three months for the offence punishable in terms of Section 342, IPC. Both the substantive sentences of imprisonment were ordered to run concurrently. In the appeal filed before the High Court the accused did not question the conviction, but prayed for reduction in sentence. The High Court reduced the sentence for the offence punishable under Section 376(2)(f), IPC to 5 years, while maintaining the sentence in respect of other offence. The State of Madhya Pradesh has questioned correctness of the judgment on the ground that the reduction in sentence was clearly uncalled for. The only ground indicated by the High Court to reduce the sentence was the young age of the accused and he being member of the Scheduled Tribe. Learned counsel for the appellant-State submitted that the reduction of sentence as done by learned Single Judge is contrary to law as laid down by this Court in several cases. While dealing with the offence of rape which was established, the direction for reduction of sentence should not have been given on the specious reasonings indicated above.

(3.) There is no appearance on behalf of the respondent in spite of service of notice.