B. PANIGRAHI, J. ( 1 ) THIS is an appeal against the order of conviction and sentence passed by the learned Sessions Judge, Mayurbhanj at Baripada dated 27-3-1993, in S. T. Case No. 171/93 under S. 376 (2) (g) of the Indian Penal Code, whereby the appellants are directed to undergo rigorous imprisonment for a period of ten years each. ( 2 ) THE skeletal picture of the prosecution story as presented in course of trial is as follows :- the victim Saibani Patra was working as a labourer at Laxmiposi. She developed friendship with another labourer named Laxmi Patra. At the request of the latter, Saibani and her minor son accompanied to village Nachhipur to attend a marriage ceremony of the niece of Laxmi Patra. In the said village, her uncle and aunt were living. After attending the marriage ceremony at Laxmi Patra's house on the following day's morning, the victim Saibani went to her uncle's house where she spent the entire day. In the evening, she left her uncle's house and went to the house of Judhistir for attending the marriage dinner. After taking her food she slept on the verandah of the house of Judhistir along with other ladies. During late hours of the night some ladies compelled Saibani to vacate the verandah as there was dearth of space for other ladies to sleep. So Saibani had to leave that verandah and was going to her uncle's house. On her way to uncle's house, the appellants forcibly caught-hold of her, gagged her month, carried her to a deserted land and forcibly ravished her one after another throughout the night. When the victim struggled to free herself from their clutches, the appellants allegedly threatened to kill her and also dealt blows on her face and pressed her neck. Because of such sexual assault Saibani became semi-conscious. Before the day-break, the appellants covered the body of the victim with her saree and left the spot. Some villagers who were going to attend their morning work found the victim lying on the ridge of the land with a cloth covering her body. Some of them could identify the victim and sent information to her uncle and aunt. Immediately after receiving information, her uncle and aunt came to the spot and carried Saibani to their house. Some villagers who were going to attend their morning work found the victim lying on the ridge of the land with a cloth covering her body. Some of them could identify the victim and sent information to her uncle and aunt. Immediately after receiving information, her uncle and aunt came to the spot and carried Saibani to their house. After some time, the victim could recover from the shock and was able to talk; she narrated the entire incident to her uncle and aunt and also before other villagers as to the manner in which she was subjected to sexual cruelty and gang rape by the appellants. Out of shame and in order to protect her fidelity, she did not immediately lodge report at the police station and even wanted to commit suicide, but she was persuaded not to do so by her uncle and aunt, whereafter she left Nachhipur and set out for her village. On the way some treatment was given to the victim in Primary Health Centre at village Khunta. On reaching her village Laxmiposi, her employer and other well-wishers asked about the injuries and about her dishevelled condition to which she narrated about the gang rape committed on her by the appellants. The Supervisor-in-charge took the victim to Khunta Police Station where she lodged a report. The police immediately took up investigation and after visiting the spot and examining witnesses submitted charge-sheet against the accused-appellants whereupon the appellants were tried by the learned Sessions Judge under S. 376 (2) (g), IPC who ultimately convicted the appellants and sentenced them in the manner already indicated. ( 3 ) THE plea of the accused persons was one of denial. ( 4 ) THE prosecution, in order to prove the culpability against the appellants had examined nine witnesses. P. W. 8 is the victim lady, who narrated the incident that on a Saturday of the year 1993, she along with her seven year-old son Raju went to the house of Laxmi Patra to attend the marriage ceremony of latter's niece. After attending the said marriage on the following morning she visited the house of her uncle Sukra Patra. After spending the entire day, she came back to the house of Judhistir where the marriage was being performed to take her dinner. After attending the said marriage on the following morning she visited the house of her uncle Sukra Patra. After spending the entire day, she came back to the house of Judhistir where the marriage was being performed to take her dinner. After dinner she slept on the verandah of Judhistir along with others, but in the late night, two other ladies who had attended the marriage asked her to leave the verandah so as to give space to other ladies, who came for the purpose of such marriage. While proceeding to her uncle's house in the night, the appellants forcibly had taken her to a deserted land and they committed sexual intercourse on her one after the other throughout the night. According to the victim, she made sincere attempts to make herself free, but the appellants having used force and assaulted her brutally, she was unable to leave the place. Even the appellants threatened to kill her. So she had no other alternative but to submit to them. In the early hours of the morning, the appellants covered her naked body with her saree and left her in a helpless condition and took to their heels. After a few moments, other villagers while going to their land found the victim lying in a some-conscious state. They informed her uncle and aunt who carried her to their house. She further stated that she had narrated the entire incident to her uncle and aunt who have been examined as P. Ws. 4 and 5. All of them supported the prosecution version about the gang rape committed by the appellants. According to P. W. 8 she came to village Nachhipur on Saturday for attending a marriage ceremony and she spent the entire Sunday in that village and in the evening again she went to the house of Judhistir to take her food, but it was late in the night and, therefore, she could not return back. On a joint reading of the evidence of P. Ws. 4, 5 and 8, we have no doubt in our mind that the appellants had committed gang rape in the night in question and forcibly took the victim to a lonely place to escape sight of others. Even when she attempted to raise her voice, she was silenced by constant fear and accordingly she had to submit to the appellants. 4, 5 and 8, we have no doubt in our mind that the appellants had committed gang rape in the night in question and forcibly took the victim to a lonely place to escape sight of others. Even when she attempted to raise her voice, she was silenced by constant fear and accordingly she had to submit to the appellants. ( 5 ) IT has been strenuously urged by the learned State Defence Counsel that the prosecution case has to be viewed with suspicion, inasmuch as there was no report immediately lodged at the police station and it was lodged after expiry of five days and there were no clear and cogent reasons assigned by the prosecution for such delay in reporting the matter at the police station. The learned Sessions Judge on appraisal of the evidence on record had, of course, held that the grounds stated by the prosecution were sufficient for lodging the report late. Merely because there was some delay in lodging the FIR that by itself would not shake the credibility of the prosecution case if it is otherwise believed. Furthermore, no lady with honour will ever come with a plea of sexual assault alleged to have been given by some one else. On the way she was given first-aid at Khunta Primary Health Centre. On the advice of P. W. 7 and others she came back to Khunta Police Station and reported the incident. P. W. 7 also corroborates the prosecution story on this aspect of lodging of the FIR. On reading the judgment assailed before us, we find that the learned Sessions Judge had believed the evidence of P. Ws. 3 to 5, 7 and 8. We also appraise their evidence and find that their evidence was clear, clinching and unequivocal to bring home the charge to the accused persons. She was subjected to medical test and the Medical Officer found injuries on her person. She was examined by the doctor (P. W. 1) who found multiple longitudinal linear abrasions of size 1" x 1" below the angle of right scapula and also below the angle of left scapula; bruise 1" x " over the left maxilla and bruise 1" x " over the right maxilla. She was examined by the doctor (P. W. 1) who found multiple longitudinal linear abrasions of size 1" x 1" below the angle of right scapula and also below the angle of left scapula; bruise 1" x " over the left maxilla and bruise 1" x " over the right maxilla. According to the doctor the abrasions on the scapular region are possible if a person is flung and laid in a flat position on the back and is raped. He also opined that the bruises on the face are possible by fist blows. Therefore, this part of the prosecution evidence supports the prosecution story and lends assurance to the evidence of the victim (P. W. 8 ). ( 6 ) AT the time of admission of the appeal, this Court had issued notice against the appellants of enhancement of sentence under S. 397 read with S. 401, Cr. P. C. The learned State Defence Counsel has submitted that since no appeal has been filed by the State, therefore, this Court has no jurisdiction to send notice of enhancement by exercising power under S. 397/401, Cr. P. C. We have carefully examined the propriety of such notice. This Court has plenary power to issue notice of enhancement of sentence in appropriate case in exercise of its power under S. 397, Cr. P. C. In this connection, we rely upon the judgment of the Supreme Court reported in 1990 Cr. LJ 1202 (Sahab Singh v. State of Haryana), wherein it has been held"5. Now in the present case the appeal was filed under S. 374 (2) of the Code by the convicts against the order passed by the Additional Sessions Judge. No appeal was filed by the State under S. 377 (1) of the Code against the sentence awarded by the trial Court for the offence under S. 302/149, IPC on the ground of its inadequacy. Nor did the High Court exercise suo motu revisional powers under S. 397 read with S. 401 of the Code. If the High Court was minded to enhance the sentence the proper course was to exercise suo motu powers under S. 397 read with S. 402 of the Code by issuing notice of enhancement and hearing the convicts on the question of inadequacy of sentence. If the High Court was minded to enhance the sentence the proper course was to exercise suo motu powers under S. 397 read with S. 402 of the Code by issuing notice of enhancement and hearing the convicts on the question of inadequacy of sentence. Without following such procedure it was not open to the High Court in the appeal filed by the convicts to enhance the sentence by enhancing the fine. The High Court clearly acted without jurisdiction. For the above reasons we are clearly of the opinion that the appeal must succeed. "it is true, in the above case, the High Court did not exercise its power under S. 397, Cr. P. C. Therefore, the Supreme Court held that in an appeal against an order of conviction without exercising its revisional power, the Court could not have issued notice for enhancement, but in this case we find that this Court by invoking its revisional power had issued notice against the appellants regarding enhancement of sentence. Since the Court has unabridged power to do so in appropriate cases, the contention raised by the learned State Defence Counsel is bound to be rejected. ( 7 ) IT has to be next examined whether in the fact-situation of the present case, it would at all call for an enhancement of sentence. We find that the victim is a married lady and the matter was reported after five days. There was no injury noticed on private part of the victim (P. W. 8) by P. W. 1, the Medical Officer, nor any seminal stain, blood stain, marks of violence on the persons of the appellants were found. In such circumstances, while we maintain the conviction and sentence imposed, we do not think that there would be miscarriage of justice in case enhancement of sentence is not imposed on the appellants. ( 8 ) IN the resut, the Jail Criminal Appeal is dismissed and the order of conviction and sentence passed by the learned Sessions Judge is confirmed. ( 9 ) L. MOHAPATRA, J. :-I agree. Appeal dismissed.