, J.

1. Sulekh Chand was committed for trial on a charge Under Sec.366, Indian Penal Code, but was acquitted. The State has filed this appeal against the order of acquittal.

2. The prosecution story is that Tilak Ram, a native of a village in Muzafarnagar district, U. P. , was employed by Messrs. Ram Parkash Uppal and Co. as a labour contractor in connection with the construction of a large building in Sector 17-B, Chandigarh. He was living in a hut near the site of the construction with his daughter Balblri Aged about 14 and his younger son called Balbir. Sulekh Chand respondent, whose age was recorded in the committing Court as 22 and at the trial as 24, was also employed by the same company as the driver of a mortar mixing machine and he was living in a hut close by and was on friendly terms with Tllak Ram at whose hut he sometimes used to take his food.

3. It is alleged that on the afternoon of the 30th of October 1961 when Tilak Ram was away from his hut Sulekh Crjand went there and persuaded Balbiri to accompany him telling her that her father wanted to make some purchases in the bazar. For this purpose she took with tier Rs.70/- in currency notes. However, instead of