JUDGMENT

Sunder Lal, J. - This is an appeal against the conviction and sentence passed on the appellant u/s 366/109 of the Indian Penal Code by the Sessions Judge of Saharanpur. Along with the appellant two other persons, viz., Yusuf and Haidar Baksh were put on their trial u/s 366 of the Indian Penal Code, but, have been acquitted by the learned Sessions Judge for reasons given in his judgment. The charge framed against the appellant by the Committing Magistrate ran in the following terms, viz.

That you on or about the 21st day of October 1915 at Dohra Dun instigated Haidar and Yusuf accused to kidnap Musammat Khatun in order that she may be forced or seducod to illicit intercourse, which offence was committed in consequence of your abetment, and thereby committed an offence punishable u/s 366/109 of the Indian Penal Code and within the cognizance of the Court of Session.

2. Musammat Khatun, whose age has been found to have been under 16 years, was, as found by the learned Sessions Judge, the wife of one Sharif Ahmad and at the time the offence has been said to have been committed was living with her husband at Dehra Dun. The other two accused persons, viz., Haidar and Yusuf, are rel