For the first time in India, such the section 376(e) has been applied for rape convicts.

Holding that the section 376 (e) was applicable, the court said, "Legislature wants to ensure that such tendency should be crushed."

The court also observed that under section 376 (d) (gang-rape) the minimum punishment is 20 years and the maximum is life. "Under the provision of 376(e) it is therefore not expected that the convict will go in (to jail), come out and then will commit an offence," the court said.

The court rejected the defence argument that charges under the new section should have been framed earlier. "The charges can be framed only when the previous conviction is recorded," the judge said.

Section 376(e) doesn't constitute any independent or separate offence but provides for enhancement of the sentence for those who are previously convicted, the court said.