JUDGMENT

Sen, J. - Two persons Upendra Nath Ghose and Sudhir Pramanik were tried by the Sessions Judge of Khulna and a special jury charged with the offence of murdering one Abala and also with the offence of abducting her in order that she may be murdered or put in danger of being murdered. The Jury by a unanimous verdict have found both these persons not guilty of the offence of murder. By a majority of 6 to 3 they found Sudhir not guilty of the charge of abduction and by a majority of 8 to 1 they found Upendra guilty of the charge of abduction. The learned Judge accepting the verdict of the Jury has acquitted Sudhir of both the charges and has convicted Upendra of the charge of abduction u/s 364, I.P.C. He has sentenced Upendra to undergo rigorous imprisonment for a term of eight years. The case for the prosecution briefly is as follows : One Sumati is the wife of Baroda Ghose, a person of unsound mind. She had a daughter named Abala who was aged between 11-12 years. The appellant, Upendra is aged about 25 years and he is a maternal cousin of Sumati. It is alleged that Upendra came to the house of Sumati on Friday, 9th June 1939 and invited her to attend a function at his house o