The petitioner has been convicted under Section 294 of the Ranbir Penal Code and sentenced to two months rigorous imprisonment.

The prosecution case was that one Fatima Begum was going to the school via Boulevard when the accused stopped there and came out of his car and started teasing her and used obscene words towards her. A report was lodged in the police station where the accused was also produced. Before the trial court neither the first information report was proved nor the informant was produced. The only evidence against the petitioner consisted of the evidence of Hajeee Ahad Dhar who had deposed that when he reached the spot, the girl told him that the accused had used certain obscene words towards her which annoyed her. The witness, however, admitted when examined further before this court that he had not seen with his own eyes that the accused had used any words towards her or that he had in any way insulted her. In other words, the evidence against the petitioner consisted of pure hearsay evidence and nothing else.

Learned Advocate General appearing for the prosecution submitted that the evidence of Hajee Ahad Dar though hearsay may be relevant for purposes of proving th

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