TRIPATHI, J. :- Criminal Appeal No. 471 of 1966 by Dr. Amar Nath Mukerji against his conviction and sentence of one year's rigorous imprisonment and a fine of Rs. 75,000/- under Section 417 I. P. C. and Criminal Appeal No. 944 of 1966 by Smt. Harbans Kaur the prosecutrix, against his acquittal of charges under Sections 493 and 376 I. P. C., arise out of the same judgment of the learned Sessions Judge, Varanasi and they are being disposed of together.

2. On 11th of August 1958, Smt. Harbans Kaur filed her petition of complaint against Dr. Mukerji in the court of a Magistrate First Class at Calcutta praying that he be tried for offences under Sections 493, 496 and 417 of the Indian Penal Code. After undergoing many vicissitudes her complaint resulted in the commitment of Dr. Mukerji to the court of sessions at Calcutta to stand his trial under Section 493 I. P. C. On an application by the prosecutrix the case was, however, transferred from West Bengal to the Court of the Sessions Judge, Varanasi, for trial. The learned Sessions Judge, Varanasi, amended the charge under Section 493 I. P. C. and added charges under Sections 376 and 417 I. P. C. and the trial proceeded against