Judgment :- This appeal has been preferred against the Judgment in S.C.No.108 of 2000 on the file of Court of the Additional Sessions Judge, Dharmapuri. 2) The accused, who was convicted and sentenced by the learned Additional Sessions Judge under Section 376 of IPC to undergo seven years rigorous imprisonment and under Section 506(ii) of IPC to undergo two years rigorous imprisonment, is the appellant herein. 3) The short facts of the prosecution case are that eight months prior to 2. 1999 , the accused had committed an offence of rape against the victim girl Muniammal and hence was charged under Sections 376 and 506(ii) of IPC. 4) Before the trial Court, P.Ws 1 to 12 were examined and Exs P1 to P10 were exhibited and M.O.1 to M.O.8 were marked. The learned trial Judge, after giving due deliberation to the evidence adduced before him both oral and documentary, has come to a conclusion that the charges under Sections 376 of IPC and 506(ii) of IPC have been proved against the accused beyond any reasonable doubt and accordingly convicted the accused under Section 376 of IPC and sentenced him to undergo seven years rigorous imprisonment and a fine of Rs.10,000/-with default sentence and also convicted under Section 506(ii) of IPC and sentenced the accused to undergo two years rigorous imprisonment and a fine of Rs.5000/-with default sentence. Aggrieved by the findings of the learned trial Judge, the accused has preferred this appeal. 5) When the matter is taken up for hearing today, the learned Senior Counsel Mr.S.Ananthanarayanan has produced the victim girl along with her father and a demand draft for Rs.80,000/- being the compensation amount over and above Rs.20,000/- paid to the victim on 8. 2005. The victim girl has no objection for allowing the appeal. To that effect an affidavit has been filed by the victim girl and attested by her father. 6) Mr. V.R. Balasubramaniam, the learned Additional Public Prosecutor relying on a decision reported in Badrilal-vs-State of M.P.(2005)7 Supreme Court Cases, 55) and contended that even in a non-compoundable offence, if the compromise has been effected between the parties, the same can be recorded and the sentence can be suitably modified. 6) Mr. V.R. Balasubramaniam, the learned Additional Public Prosecutor relying on a decision reported in Badrilal-vs-State of M.P.(2005)7 Supreme Court Cases, 55) and contended that even in a non-compoundable offence, if the compromise has been effected between the parties, the same can be recorded and the sentence can be suitably modified. The exact observation in the above said dictum of the Honourable Apex Court runs as follows: "A joint petition of compromise has been filed on behalf of the parties in which prayer has been made for recording the compromise. The offence under Section 307 IPC is not a compoundable one, therefore, compromise cannot be recorded, but at the same time it is well settled that while awarding sentence the effect of compromise can be taken into consideration. It has been stated that the appellant has remained in custody for a period of about 14 months and there is no allegation that he assaulted the deceased. In the facts and circumstances of the case, we are of the view that ends of justice should be met in case the sentence of imprisonment awarded against the appellant by the trial Court and reduced by the High Court is further reduced to the period already undergone". Hence applying the same yardstick to this case also, I am of the view that while confirming the conviction of the trial Court, the sentence alone can be modified to that of the period already undergone. 7) In fine, the appeal is dismissed with the following modification in the sentence. The accused is convicted under Section 376 of IPC and Section 506(ii) of IPC but the sentence is modified to that of the period already undergone. The bail bond stands cancelled. The victim girl is also entitled to a sum of Rs.10,000/-awarded by the trial Court under Section 357(1) of Cr.P.C. and also entitled to receive the sum of Rs.5000/- levied by the trial Court under Section 506(ii) of IPC under Section 357(1) of Cr.P.C.