Criminal Apeal No. 1012 of 2006 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.