ORDER

Sinha, J. - This is an application in revision against an order of the learned Sessions Judge of Agra by which he substantially affirmed the judgment of a learned Magistrate of the First Class.

2. The applicant is a constable attached to the police force at Agra. He was found inside the compound of the house of Mr. Hardial Singh, prosecuting Inspector, on the night of 22-5-1945, at about 11 P.M. Mrs. Hardial Singh was lying on a charpoy in the court-yard. She saw the accused standing near her bed. She got up and asked him "who is there?". She recognized the applicant and reprimanded him. The applicant scaled a wall and walked away. Mrs. Hardial directed her daughter to inform her husband. Mr. Hardial was roused by one Islam Ahmad, the son of a police head constable. The boy told him that a constable had gone to Mrs. Hardial Singh's bed, lifted the curtain leading to the women's quarter and had then walked away. Hardial and Islam then saw the accused passing by a neem tree near a latrine and going towards the police outpost. Hardial shouted, but the accused made no response. He went to the police outpost and told the Sub-Inspector about the occurrence. The applicant was arrested