( 1 ) THE appellant was tried by a learned Sessions Judge and a jury upon a charge of rape. He was found guilty by a majority of 3 to 2. The learned Sessions Judge accepted the verdict of majority, convicted the appellant under Section 376 and sentenced him to five years' rigorous imprisonment and also five, stripes.

( 2 ) THE appellant being dissatisfied with the verdict, conviction and sentence, has preferred an appeal to this Court and the appeal is confined to questions of law, namely, whether there were any misdirections in the charge of the learned Judge to the jury. Before discussing the charge it will be convenient shortly to set out the facts which gave rise to the prosecution. The girl said to be raped was of the name of Dulali. She was about seven years of age and went about with her father, Gangasadhan Ghatak, earning their living by begging. It is said that they came to the town of Burdwan about two months previous to the incident which led to this charge. They were accustomed to sleep at night on the verandah of a Thakurbari which was owned by the appellant and actually adjoined his house. On 17-11-1950, the prosecution alleged that the little girl: a