ORDER 1. Heard learned counsel for the parties. 2. The appellant was convicted by the trial court under Section 376 of the Penal Code (for short "IPC") and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs 1000, in default, to undergo further imprisonment for a period of one year. On appeal being preferred, the High Court confirmed the conviction. Hence, this appeal by special leave. 3. From the bare perusal of the first information report, it would be clear that a case under Section 354 IPC alone is made out and no case under Section 376 IPC is made out. It appears that a case of rape has been alleged for the first time after eleven days of the occurrence for which no explanation is forthcoming. In our view, the trial court was not justified in convicting the appellant under Section 376 IPC and the High Court has committed an error in upholding the same. Only the offence under Section 354 IPC is made out on the facts alleged and proved. 4. Accordingly, we allow the appeal in part, set aside the conviction under Section 376 IPC and convict the appellant under Section 354 IPC. It has been stated that the appellant has remained in custody for a period of about thirteen months. In the facts and circumstances of the case we are of the view that ends of justice would be met in case the appellant is awarded sentence of imprisonment for the period already undergone. The appellant is convicted under Section 354 IPC and sentenced to imprisonment for the period already undergone. The appellant, who is in custody, is directed to be released forthwith, if not required in connection with any other case.