HARISH CHANDRA, J.

( 1 ) THE appellant Rashid has been convicted under Section 366, Penal Code, and sentenced to rigorous imprisonment for three years and a fine of Rs. 100. in default of payment of fine he has been ordered to undergo rigorous imprisonment for a further period of six months. The victim was one Sm. Anwari, the daughte of one Sharif who was employed in the Loco Shed at Mau railway station in the district of Azamgarh as a sweeper. He lived in one of the railway quarters at the station. One Khalil, who was employed as a painter in the Loco Shed, occupied another quarter in the same neighbourhood. The appellant is the brother-in-law of Khalil and at the time of the occurrence which took place in the night of August 10-11-1949, was staying temporarily with Khalil. During that night Anwari disappeared from her fathers house. A search was made and ultimately a report was lodged at the police station on the following evening at 7. 10 Oclock. In the meanwhile the girl had been taken away by the appellant to Ghazipur and left at the house of oue Abdul Rahman. When Abdul Rahman came to know the facts from the girl, he put her in a lorry and sent her back to Mau. On arrival at