Dalveer Bhahdari, J.

( 1 ) THIS appeal is directed against the judgment of the learned Additional Sessions Judge, Delhi, by which the appellant Mahabir Parsad was convicted under Sections 363,366 and 376, IPC. Brief facts necessary to dispose of this appeal are recapitulated as under:

( 2 ) IN this case, the accused appellant is very closely related to the prosecutrix. The prosecutrix, Vidya Devi, is the sister-in-law (his wife s younger sister) of the accused. The appellant, a Hawker, was married to Sushma, the elder sister of the prosecutrix. Sushma was a patient of tuberculosis and so the accused was keen to marry the prosecutrix Vidya Devi.

( 3 ) SHYAM Lal, Public Witness -1, maternal uncle of the prosecutrix lodged a reportwith the police that his sister s daughter Vidya Devi was living with him for about 1 1/2 years and that the accused was residing in the house adjascent to his house have been missing since 31. 7. 1975. Shyam Lal further mentioned in the FIR that Sushma was suffering from T. B. , so the accused did not keep her with him. Mahabir Parsad, appellant expressed his keen desire to marry Vidya Devi, but he did not agree.

( 4 ) SHYAM Lal further stated that on 31st J

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