(1.) S. Rodrigues, who was prosecuted under Section 456, Penal Code at the instance of B. V. Hoogwerf, engine driver Bilaspur, was charged under that section by the Second Class Magistrate, Bilaspur; and the Additional District Magistrate. Bilaspur, has now reported the case under Section 438. Criminal P. C. with a recommendation that vile charge be quashed.
(2.) B. V. Hoogwerf's case was, briefly stated, as follows : Prior to March 1950, the relationship between S. Rodrigues, 20 years, and him was good but he then objected to his friendship with his daughter Edith, at the time about 18 years of age. This led to bad feeling between them, and on the night of 2-7-1950 when B. V. Hoogwerf, who is an engine driver, was going on duty, S. Rodriuges-pushed him on the platform of the Bilaspur railway-station. Hoogwerf reported this to the police and to the D. L. S. , Bilaspur.
(3.) ON the night of 18-8-1950, Hoogwerf's uncle woke him up and told him that someone had entered the house through the back door in the direction of his daughter's room. He then went to the back of the house and met his brother who told him that S. Rodrigues had entered the house-He was seen standing in the verandah near a. pillar wearing rubber shoes, blue shorts and a light blue undervest, and carrying a torch in his hand. The matter was reported to the police; and he (B. V. Hoogwerf) filed a complaint under Section 456 Penal Code on 1-121950.