JUDGMENT

Lort-Williams, J. - In this case a Rule was issued to show cause why the conviction and sentence passed upon the petitioner should not be set aside. The Rule was issued on the ground that the age being required to be put in under the schedule to Section 38, Indian Christian Marriages Act (15 of 1872), although not required by the section, the misdescription of the age in the notice form does not amount to an offence u/s 66(b) of the Act.

2. Mrs. Gilbert, wife of Ivan Gilbert, filed a complaint against the accused, alleging that he had abducted her daughter Noreen, aged 17 years. That was on 22nd January 1935. On 12th January the accused had applied to the Marriage Registrar in Writers Buildings for a license to be married on 17th January, declaring the girl's age to be 22. The girl left her home on the 17th and could not be traced. Thereupon a warrant was issued for the production of the girl and a summons against the accused u/s 366, I.P.C. The accused appeared in Court on the 29th and the girl was found by the police on 6th February and produced in Court. In course of this trial, Ivan Gilbert filed a complaint on 20th February 1935, against the accused u/s 66(b), Indian Ch