S.B.SINHA, J.

1. The sole appellant Biren Mukhi has been convicted by the impugned judgment, dated 18-7-1987 passed by Sri Paras Nath Singh Ist Additional Sessions Judge, Jamshedpur in Sessions Trial No. 489 of 1985, for commission of an offence under Section 376 of the Indian Penal Code for committing rape on Dayamanty at her house situated at Bhalubasa Harijan Basti, P. S. Sitaramdera, District Singhbhum on 2-10-1984 and has been sentenced to undergo rigorous imprisonment for four years.

2. By an order, dated 24-7-1987 a learned single Judge of this Court while admitting the appeal also directed issuance of notice to show cause upon the appellant, as to why, in the event of the success of the prosecution case, the sentence imposed against him shall not be enhanced.

In this situation, this appeal has been placed before this Bench for hearing.

3. The fact of the matter lies in a very narrow compass.

4. A first information report was lodged at about 13.45 hours on 3-10-1984 at Tata Main Hospital by Lila Mukhi (P.W. 4) alleging inter alid therein that on 2-10-1984 while she and her husband (Sahadeo Mukhi) had gone out of their house leaving behind their son Romesh (P.W. 3) an