P.G. Agrwal, J.

1. Heard learned Counsel for the Appellant and Mr. P.C. Gayans learned Public Prosecutor.

2. In Sessions case No. 46/95, the Appellant before us Nazrul Haque Choudhury a police constable for commission of offence under Section 342 read with Section 376 IPC and on conclusion of the trial, the led Sessions Judge, Hailakandi convicted sentenced the accused Appellant under the above Sections of law. Hence the present appeal.

3. The prosecution allegation is that on 23.11.93 the Appellant Nazrul Haque Choudhury, a police constable serving at Hailakandi police station brought P.W. 7 to the police barrack and after closing the room tried to commit rape on her whereby the alleged victim raised alarm whereupon the other police constables and the O.C. rushed to the place of occurrence and recovered the girl from the room but the accused fled the scene.

4. During trial eight witnesses were examined. Out of them P.W. 1 and 2 are the hotel keeper and taxi driver, who claim to have seen the accused along with P.W. 7. P.W. 3 is the brother of P.W. 7. All the three witnesses do not know anything about the alleged incident. P.W. 4 Shankar Deb is a police constable, P.W. 5 Milon