DWIJAPADA HALDAR Vs. EMPEROR

JUDGEMENT

(1.) In this case the two accused persons were put on their trial on a charge of having raped a girl called Tustumoni on 28 May last in the afternoon. The girl appeared to be of the age of 16 or 17. It is said that neither her father-in-law nor her mother-in-law was in the house.

(2.) The defence was that the girl was the kept woman of one of the witnesses, Hari Narayan and that the whole story was false, and it was alleged that it arose out of enmity with Hari Narayan.

(3.) There were many questions of fact for the jury upon which, it seems to me, that the jury might have come to conclusions one way or the other and would have had some reason in either case. We are now concerned with the question whether the case was put properly to the jury and it is of no avail at this stage for us to consider the questions of fact about which there was evidence both ways.