2.  Sandhyarani Das Gupta was a minor girl who was staying with her mother in the Refugee Colony at Ghola.  Manibala Majumdar induced this girl with the promise that she would secure a nurse’s job for her.  Sandhya was taken to the house of appellant who Zonal Officer of the Refugee Rehabilitation Office, in about the middle of November 1958.  The appellant held out the hope of a job for her and he managed to ravish her.  She was taken to the house of the appellant on two or three occasions within a period of one month and each time the appellant had sexual intercourse with her.  On June 6, 1959, Sandhya’s mother filed a complaint that her daughter had disappeared.  After investigation the appellant was charged with three counts of rape between 18-21 November 1958, between 1-6 December 1958 and thirdly between 9-15 December 1958.

3.  Since the offence in question was triable exclusively by the Court of Sessions, the learned Magistrate committed the case to the Sessions Court.  City Sessions Court at Calcutta tried the case with the aid of jury and convicted the appellant under S 376 IPC and sentenced him to rigorous imprisonment for four years.  The accused preferred an appeal challenging the correctness of the order of conviction and sentence passed against him.  The High Court was not impressed by the points made on appellant's behalf, and so, his appeal was summarily dismissed.  The matter came before Supreme Court after a certificate was granted under Article 134(1)(c).

4.  Whether the Charges framed against the appellant under the provisions of S 222 of Code of 1898 (presently in S 212) was invalid and illegal?  Whether the High Court was correct in rejecting the appeal summarily?

5. 1) Whether the Charges framed against the appellant under the provisions of S 222 of Code of 1898 (presently in S 212) was invalid and illegal? S 222(1) Cr.P.C. (1898) requires that the charge must specify the particulars as to the time when the offence was committed. Only in cases under S 222 (2) the prosecution is not required to specify the precise date and time at which the offence is committed. In all other cases to which S222 (1) applies, particulars as to the time and date of the alleged offence must be specifically mentioned

6. 2) Whether the High Court was correct in rejecting the appeal summarily? The appellant contented that whether or not a charge is valid is a question of law which learned judge should have decided himself and given a direction to the jury in accordance with his decision and as he left that question to the jury, he failed to exercise his jurisdiction.

7.  S 222 (2) specifically deals with two kinds of offences and makes a provision in respect of them but this does not imply in every other case, the time must be so specifically mentioned as to indicate precisely the date and the time at which the offence was committed. If the charge mentions an unduly long period during which an offence is alleged it would be too vague and general which may substantially deprive the accused of an opportunity to make a defence of alibi.  The precision of the charge in respect of the date on which the offence is alleged to have been committed will depend upon the nature of information available to the prosecution in a given case. Failure to mention such particulars may not invalidate the charge.  Where it is possible to specify precisely the necessary particulars required by S 222(1), the prosecution ought to mention the said particulars but where the said particulars cannot be precisely specified failure to mention such particulars may not invalidate the charge.

8.  The Test for validity of charge must in each case be determined by, whether the accused had a reasonable sufficient notice of the matter with which he was charged.  Summary dismissal only means that having considered the merits of the appeal; the High Court does not think it advisable to admit the appeal because in its opinion, the decision appealed against is right. The summary rejections of appeals which raise issues of substance and importance are to be disapproved.