STATE OF PUNJAB Vs. RAKESH KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of a learned Single Judge of the Punjab and Haryana High Court. Respondent (hereinafter referred to as the 'accused') was found guilty of offence punishable under Sections 366 & 376 of the Indian Penal Code, 1860 (in short the 'IPC') and was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.500/- with default stipulation in respect of offence punishable under Section 366 IPC and 7 years rigorous imprisonment for the offence relatable to Section 376 IPC and to pay a fine of Rs.500/-. Though the conviction as recorded by learned Additional Sessions Judge, Patiala, was affirmed by the High Court it reduced the sentence to the period undergone. The reason for such reduction appears from the cryptic order of the High Court that the appellant was aged about 19 years at the time of his statement recorded under Section 313 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.) and the victim and the accused appeared to be in love with each other as is evident from love letters.

(3.) Learned counsel for the appellant-State submitted that the parameters relating to imposition of lesser sentence for offence relatable to Section 376 IPC have not been kept in view.