Sudhindra Mohan Guha, J. :- The appellant was found guilty and convicted under Section 376/511 I. P. C. and sentenced to rigorous imprisonment for 5 years by Shri A. P. Bhattacharrya, the learned Assistant Sessions Judge, Nadia.

2. On hearing the learned Advocates on both the sides and on going through the judgment and evidence on record we propose to accept the appeal. The prosecution case is founded on an improbable story and built up on conflicting, divergent and untrustworthy evidence.

3. The F. I. R. Ext. 4 was lodged at 4.15 A. M. on 9-5-70 on the complaint, Ext. 3 of P. W. 1 Hashenara Bibi. It reveals that she was the wife of Matabbar Rahaman, P. W. 2 and they were residents of Kajibari, Palpara, P. S. Chakdaha, Samiran, (P. W. 10) was the wife of her Bhasur Mozammal Haque, P. W. 3. Their mother-in-law Arjia Bibi (P. W. 4) also used to reside with them. The brick built house on north was purchased by one Harinarayan Banerji of Calcutta. The house generally remained vacant. But sometimes one Manik of Khos Bas Mohalla and one Narayan (Appellant) of Hamidpur used to bring some unknown persons and stay there. On 8-5-70 at about 11 P. M. to 11-30 P. M. Manik and Narayan ca