PASAYAT, J.

( 1 ) AN interesting question relating to ambit and import of the expression a sentence of imprisonment for more than seven years' appearing in sub-sec. (2) of S. 374 of the Code of Criminal Procedure, 1973 (in short, the 'code') has been raised in this application. According to the petitioner, it includes imprisonment to be undergone in default of payment of fine.

( 2 ) BACKGROUND in which the application has been filed is as follows : one Ramesh Kumar Mohapatra has been convicted for an offence punishable under S. 376 of the Indian Penal Code, 1860 (in short, 'ipc') and sentenced to undergo rigorous imprisonment for seven years, and to pay a fine of Rs. 2,000/-, in default to undergo rigorous imprisonment for six months. An appeal filed by aforesaid Ramesh has been registered as Criminal Appeal No. 129 of 1993 in the court of learned Sessions Judge, Puri. According to the petitioner, the total sentence inclusive of default sentence being in excess of seven years, learned Sessions Judge has no jurisdiction to entertain the appeal and to pass any order therein.

( 3 ) LANGUAGE of sub-section (2) of Section 374 is clear that the sentence of imprisonment passed against