ORDER : 1. Leave granted. 2. The State of U.P. assails the impugned order of the High Court of Allahabad where under the learned Judge though upheld the conviction but altered the sentence as period already undergone. For the conviction under Section 376 Indian Penal Code, the accused was sentenced to undergo rigorous imprisonment for 6 years and 3 years under Section 452 Indian Penal Code. We really fail to understand how the High Court having upheld the conviction, reduced the sentence as already stated. The learned counsel for the accused however submitted that the accused was misled by an earlier judgment of the said High Court on the question of plea bargain and therefore the matter should be remitted back to the High Court for reconsideration of the appeal on merits. We find sufficient force in the aforesaid submission. In this view of the matter while we set aside the impugned order of the High Court, we direct that the Criminal Appeal No. 228/1980 be heard and disposed of by a Single Judge of the Allahabad High Court at an early date. The appeal stands disposed of accordingly.