Judgment

GAJENDRAGADKAR, J: The appellant Chittaranjan Das was charged with having committed an offence punishable under Section 376 I.P.C. This charge was framed against him on three counts. It was alleged that between 18th November, 1958, and 21st November, 1958, at 29-A and B. Kailash Bose Street, Calcutta, he committed rape on Sandhyarani Das Gupta alias Nirmala. The second count was that he committed the same offence at the same place and in respect of the same girl between 1st December, 1958 and 6th December, 1958; and 15th December, 1958, at the same place and the third count related, to the commission of the said offence between 9th December, 1958 and in respect of the same girl. Along with the appellant, Ganesh De was charged with having abetted the appellant in the commission of the said offence, the charge framed against Ganesh De being under Section 376 read with Section 109 of the Indian Penal Code. The learned Presidency Magistrate, 8th Court, Calcutta, held the commitment proceedings, and was satisfied that the evidence adduced by the prosecution before him made out a prima facie case against both the accused persons. Since the offence in question was triable exclusiv