ORDER 1. Leave granted. 2. Heard the parties. 3. The challenge in this appeal is to the order dated 14-8-2003 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 2881 of 2000. 4. The respondent herein was convicted by the trial court for an offence under Section 376 IPC and sentenced to undergo RI for seven years and a fine of Rs 1000. Aggrieved thereby, on appeal being preferred, the learned Single Judge by a cryptic order recorded that the appellant does not challenge the finding of conviction of the offence punishable under Section 376 IPC and in that view of the matter the learned Single Judge held that the appellant shall be sentenced to imprisonment already undergone by him which was only one year and five months. This order is against the statute where, under Section 376 IPC, the minimum punishment prescribed is not less than seven years. 5. We accordingly set aside the order of the High Court and remand the case back to the High Court for a fresh consideration after hearing the counsel for the accused and the State. Criminal Appeal No. 2881 of 2000 is now restored to file and the matter shall be disposed of on merit in accordance with law. 6. The respondent is brought on arrest before this Court. He shall be released on bail on his execution of a bond of solvent surety to the satisfaction of Addl. District Judge, Seoni. 7. With the aforesaid direction, the appeal is allowed.