Sharma, J.—These are two appeals, one by Damodar and the other by Sheonath accused, against their conviction under sec. 366 of the Indian Penal Code. Damodar has been sentenced to five years and Sheonath to four years rigorous imprisonment.

2. The case for the prosecution was that on or about the 18th of July, 1950, Damodar accused kidnapped Mst. Bachi, a girl about 10 years old, on the allurement that if she accompanied the accused to his village, she would be given laddoos and puris to eat. Bachi often visited the house of the accused Damodar for playing with Mst. Munni, Damodars daughter. At first Damodar kept Mst. Bachi confined in his house at Jaipur for two or three days, and thereafter he took Bachi and his daughter Munni to Chandera, and offered her in marriage at first to Balu and then to Todia at village Chandera, provided they paid him a substantial amount of money, but both refused. Sheonath accused was also called to Chandera. An attempt was made to give the girl Bachi in marriage to Ganga Sahai, brother of Mangilal of village Kankroli, but Mangilal, with whom the accused had talk, said that he would first satisfy himself about the parentage of the girl, and would then

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