Penal Code, 1860

— Ss. 376(1) & (2) provisos — Reduction of sentence below the statutory minimum prescribed — Need for recording <169>adequate and special reasons<170> — <169>Adequate and special reasons<170> — What are — In present case accused convicted of gang rape under S. 376(2)(g) — High Court without disturbing conviction reducing sentence to the period already undergone, on grounds that accused had been in custody for long, and were semi-literate agricultural labourers from rural areas — Held, none of the grounds adduced by High Court, taken separately or cumulatively are <169>adequate and special reasons<170> for reducing sentence below statutory minimum — This is not a situation where High Court could have reduced the minimum sentence — This is a case of unwarranted sympathy — Sentence of ten years' RI imposed by trial court, restored — Approach of High Court deprecated, (2006) 6 SCC 18