Criminal Apeal No. 1012 of 2006 1

 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1012  OF 2006

 KARUBA NALLAPPPAGARI   ..... APPELLANT

VERSUS

STATE OF A.P.   ..... RESPONDENT

O R D E R

1. The only argument made by the learned counsel is with  

regard to the quantum of sentence.   

2. The  accused  appellant  stands  charged  for  offences  

punishable under Section 376 of the Indian Penal Code  for  

having raped a girl aged about 9 years.  P.W. 2, the victim  

appeared in the witness box and gave a very gruesome and  

pathetic  story  as  to  the  manner  in  which  she  had  been  

raped.   The  trial  court,  which  in  this  case  is  the  

Assistant  Sessions  Judge,  held  that  as  the  accused  was  

about  19  years  of  age  on  the  date  of  the  incident  a  

sentence of 7 years would meet the ends of justice.  The  

matter was thereafter taken by way of an appeal before the  

Sessions Judge who confirmed the conviction and sentence of

Criminal Apeal No. 1012 of 2006 2

the appellant.  The High Court further in revision has also  

affirmed the order of the courts below.   The matter is  

before us after the grant of special leave.

3. It bears highlighting that sub-clause (f) of sub-

section  (2)  of  Section  376  specifically  provides  for  a  

sentence  of  not  less  than  10  years  where  the  rape  is  

committed on a woman under 12 years of age although the  

proviso gives liberty to the Court to impose a sentence of  

less  than  10  years  by  recording  special  and  adequate  

reasons.  We observe that the Courts below have already  

exercised their discretion and awarded a sentence of less  

than 10 years to the appellant  

4. We are thus not inclined to interfere in the matter.

5. The appeal is dismissed.

   ......................J  [HARJIT SINGH BEDI]

......................J    [C.K. PRASAD]

NEW DELHI AUGUST 03, 2010.