ORDER 1. Leave granted. 2. We have heard the learned counsel on both sides. 3. The only question which needs to be considered is, whether in the appeal filed by the State for enhancement of the sentence the accused is entitled to be heard for his acquittal. We think that Section 377(3) of the Code of Criminal Procedure is clear on this issue and does not grant such a right to the accused. 4. In this case the State filed an appeal for enhancement of the sentence. The accused attempted to argue before the High Court that he was entitled to be acquitted. Such argument was not permitted to be advanced. 5. In the result, we set aside the impugned judgment and remit Criminal Appeal No. 207 of 1994 with Criminal Appeal No. 282 of 1994 with Criminal Revision Application No. 123 of 1994 to be heard by the High Court after permitting the accused to advance contentions based on Section 377(3) of the Code of Criminal Procedure. 6. The appeal is, accordingly, allowed. Appeal allowed. **************