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2019 DIGILAW 245 (SC)

Murugan v. State Of Tamil Nadu

2019-01-21

DINESH MAHESHWARI, R.BANUMATHI

body2019
ORDER 1. Leave granted. The appellant has been convicted under Section 376 of IPC and sentenced to undergo imprisonment for ten years. Vide order dated 26.11.2018, notice was issued limited to the quantum of sentence. 2. We have heard learned counsel appearing on behalf of the appellant as well as learned counsel appearing on behalf of the State-Tamil Nadu. 3. After the amendment Act No. 13 of 2013 the offence of rape under Section 376(1) is punishable with imprisonment for a term which shall not be less than ten years and no discretion vested with the Court to reduce the sentence from the minimum sentence. Per contra, prior to the amendment, the conviction under Section 376(1), the punishment shall not be less than seven years. However, discretion is also vested with the Court to impose sentence of imprisonment for a term of less than seven years "for adequate and special reasons to be mentioned in the judgment". 4. In the present case, as per medical opinion, the victim is stated to be 14 years and 5 months which is covered under Section 375 (sixthly) "with or without her consent, when she is under sixteen years of age". Since the victim was aged about 14 years and 5 months at the relevant point of time, her consent is of no consequence to reduce the sentence less than minimum sentence of seven years. 5. The occurrence was of the year 2009 and at the time of occurrence, the accused was aged about 23 years. Considering the period of sentence already undergone and also the facts and circumstances of the present case, the sentence of imprisonment imposed upon the appellant is reduced to the statutory minimum period of seven years. 6. The appeal is, accordingly, partly allowed.