Dave, J.—This is an appeal by one Mohmad Hussain against the judgment of the Additional Sessions Judge, Paratapgarh-dated the 18th of December, 1954 whereby he has been convicted under sec. 376 of the Indian Penal Gods and sentenced to one years rigorous imprisonment and a fine of Rs.11/-. In default of payment of fine, he has been sentenced to undergo simple imprisonment for 15 days.

2. The incident relating to this case is said to have taken place at the appellants house in the town of Chittor on the 13th of October, 1952 at about 8 p.m P.W. 10 Mathuralal, who conducted the investigation of this case, has stated that on the date of occurrence he got an information from a reliable source at about 8 p.m. that a Hindu girl was closed in the appellants house. Thereupon he wrote out the first information report Ex, P. 1 and left the Police Station for going to the appellants house. The appellant met him in the way coming towards the Police Station and so he asked him to accompany him. Then they went to the appellants house and found that a number of persons had collected outside that house. He went inside and found a girl named Kamla in the appellants room on the first floor. He brough

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