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1930 Supreme(Cal) 124

Mahammad Jalaluddin Mandal – Appellant
Versus
Emperor – Respondent


JUDGMENT

1. The appellants in this case have been convicted under Sections 366 and 368, I.P.C., in manner following, that is, appellant 1 Md. Jalaluddin Mandal has been convicted u/s 366 and sentenced to rigorous imprisonment for five years and to pay a fine of Rs. 200 or, in default, rigorous imprisonment for six months and appellant 2, Kazi Md. Anwarul Huq, has been convicted u/s 368 and sentenced to rigorous imprisonment for five years and to pay a fine of Rs. 200 or, in default rigorous imprisonment for six months. The point taken on behalf of the appellant is a short one and in order to understand Mr. Chatterji's contention, it is necessary to set out at some little length the facts.

2. It appears that one Tarapada had a widowed daughter, the age of whom, according to the medical evidence, is under 16. Her name is Lilabati. She was married when she was only nine years old but became a widow within a year of her marriage. Since then she had been living at the house of her father under his care and guardianship. The accused Jalaluddin and another person named Badaruddin who was acquitted by the jury were of the same village. It appears that Lilabati complained to her parents of Ja

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