JUDGMENT The appellant was charged under section 376 of IPC for committing rape on one Bistaria Bai on 10.1.1985 at about 11.00 a.m. in a nullah No. 10 colliery in village Badkuhi in Sessions Trial No. 93/85. The learned Sessions Judge, Chhindwara after analysing the evidence produced by the prosecution acquitted the appellant of the charge under section 376 of IPC but found him guilty u/s 354 IPC and convicted him to suffer sentence of six months' R.I. and sentence of fine of Rs. 500/- and in default sentence of two months' R.I. It is also directed that the sum of Rs. 300/- out of the fine shall be paid to the prosecutrix. It is not necessary to write the detailed judgment because the conviction is not challenged. Shri Arun Kochar, learned counsel for the appellant, however, urges that there are reasonable grounds to soften the rigour of sentence particularly at this distance of time. Shri Ashok Agrawal, learned Penal Lawyer for the State, does not seriously oppose the modification of sentence in view of the facts and circumstances as of the case. I have carefully considered the submissions made on behalf of the parties. The conviction recorded under section 354 of IPC is sustainable in law. However, there is some room to consider the modification in sentence. It is brought to my notice that the appellant was of 21 years of age at the time of alleged incident and is engaged as a contractor. The date of incident is 10.1.1985. The appellant was arrested on 11.1.1985 and he was released on bail on 24.1.1985. Later, he was convicted by the aforesaid judgment dated 5.12.1985 and sentence was ordered to be suspended by this Court by order dated 20.12.1985. Pursuant to this order, he was released on bail around 23.12.1985. He has thus been in detention for about more than a month. It would not serve any useful purpose to send the appellant back to jail. The jail sentence is, therefore, reduced to the period already undergone by the appellant but the fine of Rs. 500/- is increased to Rs. 1000/-. It is stated at the bar that sum of Rs. 500/- imposed as fine has already been deposited in the Court below. The balance amount of Rs. The jail sentence is, therefore, reduced to the period already undergone by the appellant but the fine of Rs. 500/- is increased to Rs. 1000/-. It is stated at the bar that sum of Rs. 500/- imposed as fine has already been deposited in the Court below. The balance amount of Rs. 500/- shall be deposited in the Trial Court within one month from today failing which the appellant shall suffer two months rigorous imprisonment in default thereof. The prosecutrix shall be paid a sum of Rs. 700/- instead of Rs. 300/- out of the fine so realised. The appeal is thus partly allowed. While upholding the conviction of the appellant u/s 354 of the Indian Penal Code, the sentence is modified as above.