JUDGMENT

Rankin, J. - In this case the accused who goes by the name Yusuf has been found guilty u/s 366, Indian Penal Code, of having on the 26th February 1925 taken part in an occurrence with reference to a girl called Pipuljan who seems to have been about 14 years of age and who had been married for some two years. There was also a charge u/s 323, Indian Penal Code. The prosecution story is that the girl with her husband's permission had gone to pay a visit to her mother and brothers who were living in the house that had been her father's. The girl's husband lived in the same village, and it is said that as the mother of the girl and the younger brother were all sleeping in the same room at midnight, the accused with other persons came in, seized the girl, took, her outside in the yard and made off with her; that she was taken from one place to another and was ravished and that she came back on the 8th March, the elder brother Daga having on the 3rd March in the meantime filed a complaint as to the incident. It appears that the prosecution was at first a private prosecution, but the Magistrate on the 17th March ordered the police to make an investigation and the prosecution was a