ORDER : Faizan Uddin, J. 1. Special leave granted. 2. The respondent-Bhaiyalal was charged and tried under Section 376 Indian Penal Code for committing rape on Lata Bai (PW 3), a girl aged about 14 years, on 17-6-1985 at about 7.00 a.m. when the prosecutrix had gone to the jungle to collect the fuel wood along with her younger sister Anita and brother Rajendra Kumar (PW 4). The learned trial Judge on appreciation of evidence found the respondent guilty for the offence charged with and, therefore, convicted the accused and sentenced him to undergo imprisonment for five years. On appeal by the accused-respondent, the High Court upheld the conviction, but reduced the sentence to the period already undergone by him. In para 7 of the impugned judgment, the High Court has pointed out that the respondent remained in custody for about one month before the trial court and seven months after the conviction and the period of eight months thus undergone by the respondent, according to the High Court was adequate sentence for the offence in view of the fact that the incident had occurred a decade back. In our view these were not the adequate considerations for confining the sentence of the accused for the period undergone by him. The minimum period prescribed under Section 376 is seven years provided the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence for a term of less than seven years. The State has preferred this appeal for enhancement of the sentence awarded to the respondent. 3. We have heard the learned counsel for the parties and are of the view that having regard to all the facts and circumstances of the case, a sentence of five years' imprisonment as imposed by the trial court, would be the adequate sentence for the offence. We, therefore, modify the sentence awarded by the High Court and restore the sentence as imposed by the trial court. The appeal is disposed of accordingly. In the event the respondent has deposited Rs. 3000, the amount of fine imposed by the High Court, the same shall be refunded to the respondent.