KANUBHAI JAGABHAI TADVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been preferred by the appellant original accused against the judgment and order dated 18. 9. 2001 passed by the learned Additional Sessions Judge, Vadodara in Sessions Case No. 317 of 2000. By the said judgment and order the appellant original accused has been convicted under Section 376 of the Indian Penal Code and was sentenced to undergo Rigorous Imprisonment for life.

(2.) HEARD learned counsel for the parties. The incident is not disputed. The only thing urged on behalf of the learned counsel appearing for the appellant is that it was an act of frustration of the accused that he had subjected a seven year old girl to an assault of sexual nature. Such offences, when committed by the persons on small aged girls, cannot be said to be committed by the persons of common human conduct. They are aberrations. The maximum sentence under Section 376 of the Indian Penal Code being a life or 10 years, the learned counsel for the appellant prays that 10 years may be awarded.

(3.) MS Mita Panchal, learned Additional Public Prosecutor, per contra submitted that life sentence is the appropriate sentence, which should be awarded in such type of cases. Having regard to the facts of the case and having regard to the pros and cons of the matter, we are of the considered view of the matter that sentence of 10 years would be appropriate for a mentally sick man, because such acts are only committed by sick persons. That being the position, we reduce the sentence from life to 10 years and impose a fine of Rs. 10,000/-, in default to further undergo RI for six months.