Straight, J.:— This conviction cannot possible be sustained. Tile charge upon which the accused was committed and subsequently tried alleges neither time when, place where, nor point to any known or unknown person with whom, the particular act charged as an offence against p. 377 of the Penal Code was committed, and for aught that appears to the contrary, the suggested unnatural intercourse may have taken place out of the jurisdiction of the Moradabad Court, and at some place where the Penal Code is not in force. At best the case for the prosecution is, that the accused in a habitual sodomite, but at present there is no provision of the law that covers it or renders him amenable to punishment upon evidence of so vague and general a description as that to be found in the present record. I fully appreciate the clear of the authorities at Moradabad to check these disgusting practices; but neither they nor lean set law and procedure at defiance in order to obtain an object, however laudable the conviction is quashed and the accused Khairati must be released.
Conviction quashed.