T K GOPAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Delay condoned.

(2.) The victim of rape in this case is a child of one and a half year. The petitioner has been convicted under Section 376 Indian Penal Code and sentenced to ten years' rigorous imprisonment. Section 376 Indian Penal Code provides that on the offence of rape being established, the court shall sentence the accused with rigorous imprisonment for a term not less than ten years, but 'which may be for life' and shall also be liable to fine. The proviso to Ss. (2, however, allows the court to impose a sentence of imprisonment of either description for a term which may be less than ten years.

(3.) Having regard to the facts of this case, especially the age of the victim, we issue notice to the petitioner to show cause why the sentence often years' rigorous imprisonment should not be enhanced to life imprisonment. The notice shall be returnable within six weeks.