( 1 ) THIS appeal is directed against an order of Sri Matilal Das, Additional Sessions Judge, 24 Parganas, convicting the appellant Gopal Chandra Das, Under Section 366, I. P. O. and the appellant Aswini Kumar Roy, Under Section 366/109, I. P. C. and sentencing each of them to suffer R. I. for 4 years on the unanimous verdict of guilty returned by the Jury. The prosecution case was as follows :

( 2 ) ON 15-4-1952, a minor girl named Arati Eose alias Baby, daughter of Nirapada Bose was taken away from a busteehouse at 9/1, Gouri Sankar Ghosal Lane within the jurisdiction of Beliaghat Police Station by Gopal Chandra Das. Gopal took her out on the plea that he would take her to Chandmari to witness a musical performance, but he took her to Sealdah Railway Station and then by train to Ranaghat where the other accused Aswini was standing on the platform. Aswini took the girl and boarded a train due for Pakistan. Gopal after taking Rs. 10/- from Aswini returned from Ranaghat. Aswini took the girl to Pangsa and thence by bullock cart to his own house where he detained her for about a month and a half and during that time he had sexual intercourse with her. After a time the elder