( 1 ) THE appellant Pirmohammad was tried by the third additional Sessions Judge of Indore on charges under Ss. 366 and 452, I. P. C. At the end of the trial, 'the learned additional Sessions Judge found the appellant guilty of both the offences and sentenced him to one and half years' rigorous imprisonment under Section 366, I. P. C. , and to one year's rigorous imprisonment under Section 452, I P. C. The sentences are to run concurrently. The accused has now preferred this appeal against the convictions and sentences.

( 2 ) THE case for the prosecution was that Mst. Fatama was married to the appellant some ten years back when she was a minor. After the marriage, the accused did not keep her with him. Mst. Fatma, therefore, continued to live with her parents Kasam and Mst. Suraj. Two years after the marriage the parents of Mst. Fatma entreated the accused to keep Mst. Fatma with him and even sent messengers to him to persuade him to do so. But the appellant paid no heed to these entreaties. The parents then gave away Mst. Fatma in Natra to one Taju. Mst. Fatma got a child from Taju. Sometime before 17th February 1957, Mst. Fatma came to her parents' house to help h