JUDGMENT

1. This is an appeal by the Local Government under the provisions of 8. 417, Criminal P.C. against an order of acquittal passed ay the First Additional Sessions Judge of Mymensingh in a case in which the two accused before us were charged before him and a jury u/s 395, I.P.C. The case is in many ways an extraordinary one, and it is desirable, therefore, to set out the facts briefly.

2. The two accused, Jahey Sheikh and Katua alias Jabed Ali, were charged with having committed an offence punishable u/s 395, I.P.C. They were duly committed to take their trial in the Sessions Court. The first Additional Sessions Judge of Mymensingh, Mr. N.V.H. Symons, tried the case with the aid of a jury. On the 9th March 1927 the trial was concluded and the jury were directed to retire and bring in their verdict. What happened thereafter is set out below as appears from the record:

Q. As regards both accused are you unanimous.

A. Yes.

Q. What is your verdict?

A. Guilty u/s 395, I.P.C.

Q. Did you find that Ismat mentioned Katua's name immediately after the occurrence?

A. We thought it unlikely that the family could have made up the story so soon, and we did not think that the explanations of the acc