A bench of Justices Arijit Pasayat and P Sathasivam upheld an appeal filed by the Rajasthan government against a high court order which reduced to seven years, the 10-year RI imposed on Madan Singh by a sessions court for raping a minor girl.

"The measure of punishment in a case of rape cannot depend upon the social status of the victim or the accused. It must depend upon the conduct of the accused, the state and age of the sexually assaulted female and the gravity of the criminal act," the apex court observed.

The apex court recalled that the statutory provision under section 376 (2)(f) IPC ordained a minimum sentence of 10 years which can be reduced only in exceptional and special circumstances.

"The protection of society and deterring the criminal is the avowed object of law and that is required to be achieved by imposing an appropriate sentence," the apex court observed.

The apex court said that sentencing Courts are expected to consider all relevant facts and circumstances bearing on the question of sentence and proceed to impose a sentence commensurate with the gravity of the offence.