Short Note : 1. This appeal is directed from conviction and sentence to simple imprisonment for a period of seven months under section 376, Indian Penal Code passed by the Additional Sessions Judge, Guna in Sessions Trial No. 82 of 1974 dated 2-8-1974. 2. In appeal the learned counsel for the appellant has contended that the offence was triable by Juvenile Court under Madhya Pradesh Bal Adhiniyam (Act No. 15) of 1970. 3. Held : In the instant case the appellant was committed to the Court of Session vide committal order dated 20-5-1974, i.e., coming into force of the Code of Criminal Procedure, 1973, Full Bench of this Court in the case of Devisingh and others v. State of M.P., 1978 JLJ 126 has held that such an offence was triable by the Court of Session and not by Juvenile Court. The learned counsel for the appellant, in view of the above decision, did not pursue the point and rightly so. 4. There is no manner of doubt left that the appellant had committed rape on minor girl Parwati (PW. 2) aged about 7 years. Thus, the conviction of the appellant under section 376, Indian Penal Code was correct needing no interference. 5. Regarding the sentence, as the evidence is, the boy is between 12 to 15 years of age, may be about 13 or 14 years. Looking to the minor age of the boy, in my view, simple imprisonment for seven months should be suitably reduced. 6. In the result, the appeal is partly allowed. The conviction of the appellant under section 376, Indian Penal Code, is maintained. However, the sentence is reduced to simple imprisonment for a period of ten days and fine of Rs. 100 or in default to suffer simple imprisonment for a week more. 1978 JLJ 126 (FB) relied on. Appeal partly allowed.