(1) THE petitioner along with another accused was tried for the offences under Sections 366-A and 376 Indian Penal Code. Both of them were however acquitted under Section 366-A but the petitioner was convicted for the offence punishable under Section 376 Indian Penal Code by the Assistant Sessions Judge, Jangaon and was sentenced to seven years RI as also to a fine of Rs. 500.00. On default in payment of fine he was to undergo a further two months simple imprisonment. (2) THE petitioner preferred an appeal. The learned Sessions Judge, Warangal who disposed of the appeal on 15/10/1996 reduced the sentence from seven years to five years. The reasons for reducing the sentence set out in the judgment by the learned Sessions Judge are as under: "INSOFAR as the punishment part of the judgment of the lower court is concerned, the learned Assistant Sessions Judge has imposed seven years of imprisonment as contemplated. Section 376 Indian Penal Code provides that for any adequate and special reasons to be mentioned in the judgment the court could impose a sentence of less than seven years. Here it is a case where, from the angle of the appellant we could see that it is not out of total lust towards the prosecutrix, A-1 happened to commit rape on her. It is on account of total abandonment of his wife that happened due to PW 1 developing illicit intimacy with A-1s wife, A-1 has taken the step of taking away Swaroopa and committing rape on her. Further A-1 did not want to rape Swaroopa and totally abandon her. Even as per her evidence A-1 attempted to tie thali and give Swaroopa a status in the society. It is also to be mentioned that both A-1 as well as Swaroopa belong to the same caste Waddera. Thus the circumstances of the case would clearly show that it is not out of total lust, the offence has been committed, but due to circumstances narrated above, and these circumstances can be taken for lessening the sentence imposed by the learned Assistant Sessions Judge." (3) REVISION filed by the petitioner was dismissed by the High Court by the impugned judgment dated 11/12/1998. (4) BY order dated 7/4/2000 this Court had issued notice to the petitioner to show cause why the sentence be not enhanced. (4) BY order dated 7/4/2000 this Court had issued notice to the petitioner to show cause why the sentence be not enhanced. (5) WE have heard the learned counsel for the petitioner and we have also gone through the judgments of the trial court, the lower appellate court as also that of the High Court. The reasons on the basis of which the sentence of seven years was reduced to five years have been set out by the Sessions Judge which indicate that he was impressed by the fact that the rape was committed not for lust alone but on account of other circumstances which are that his wife had abandoned him, perhaps, on account of PW 1 developing illicit intimacy with his wife. But that should not have given him a cause to take away Swaroopa (prosecutrix) and commit rape on her. It is a heinous crime and, therefore, for this reason alone the sentence could not have been reduced from seven years to five years. Section 376 in specific terms provides that the sentence shall not be less than seven years. The proviso which enables the court to impose the sentence of less than seven years does not give arbitrary discretion to the court to reduce the sentence on irrelevant grounds. (6) THIS Court in State of Karnataka v. Krishnappa and State of Rajasthan v. N.K. has already considered the circumstances in which a sentence less than that prescribed under the Act could not have been imposed. (7) HAVING regard to the circumstances set out by the Assistant Sessions Judge in his judgment by which the petitioner was sentenced to seven years rigorous imprisonment, we are of the view that the learned Sessions Judge was in error in reducing the sentence to five years. (8) FOR the reasons stated above, we do not find any merit in the special leave petitions and dismiss the same but enhance the sentence to seven years as imposed by the learned Assistant Sessions Judge.