2000 INSC 0275
                                        SUPREME COURT OF INDIA

                                                 Sukhwinder Singh
                                                           Vs.

                                                   State of Punjab

                      (Dr. A. S. Anand , C.J., S. Rajendra Babu and R. C. Lahoti JJ.)

                                                      24.02.2000

                                                       ORDER

The Text below is only a summarized version of the order pronounced

The appellant was convicted u s 363 366 and 376 of IPC for the act of sexual intercourse with a girl
of not more than 16 years even though she consented to it. The Apex court held that the High Court
failed to consider the proviso to Section 376 of IPC under which for adequate and special reason the
sentence of imprisonment could be of less than 7 years. In the circumstances of the case, it was
found that prosecutrix was married to the appellant and had compromised with him. Also, the
alleged offence took place a decade ago. Thus, the sentence was reduced to the period already
undergone.