The following question therefore arises for our consideration: When the charge is that the accused assaulted 'X' and outraged her modesty,but the evidence is that he assaulted 'Y' to outrage her modesty,can the accused be punished,for having assaulting and outraging the modesty of 'Y',even though he was not charged with any offence with reference to 'Y',on the ground that the error or omission in the charge did not prejudice the accused or result in failure of justice