JUDGMENT Daniels, J. - The appellants Hub Ali and Mussammat Baqridia have been convicted under S. 494 read with S. 114 of the Indian Penal Code of abetment of bigamy. Hub Ali has been sentenced to two years' rigorous imprisonment and Musammat Baqridia to one day's simple imprisonment. Musammat Baqridia is the mother and Hub Ali the paternal uncle of a little girl named Musammat Batulan alias Rugda. The facts which the learned Sessions Judge finds to be established by the evidence are that Musammat Baqridia and her husband's eldest brother Gajja married the girl to Musammat Baqridia's nephew Wazir who is about eleven years old. The marriage was hastily and somewhat secretly performed because Hub Ali in whose house Baqridia was living was likely to oppose it as he wanted the girl married to his own son. The marriage was therefore performed in another village Parsauna where the bridegroom's father lived. It was however regularly performed. The marriage ceremony was duly read. The consent of Gajja was given and a vakil and witnesses were appointed. Some eight or nine days after the marriage the girl went back to Hub Ali's house. It is said that Hub Ali himself fetched her saying that her mother was ill After this Gajja and the bride-groom's father Dallu heard that Hub Ali was contemplating marrying the girl over again to Hub Ali's son. Dallu thereupon went to Hub Ali and remonstrated. Hub Ali told him that he could do what he liked. Dallu and Gajja together made a report at the than a which has been proved, stating the fact of the girl's marriage to Wazir and that Hub Ali wanted to get her married to his own son Zaif and that on remonstrance being made with him he uttered all sorts of threats. The report was recorded under S. 506 of he Indian Penal Code and Gajja and Dallu were directed to seek redress from the Court. Shortly after this report was made, the projected marriage with Hub All's son was actually carried out and a complaint was consequently filed in Court by Dallu. The marriage of the girl to Hub Ali's son has been admitted throughout. Shortly after this report was made, the projected marriage with Hub All's son was actually carried out and a complaint was consequently filed in Court by Dallu. The marriage of the girl to Hub Ali's son has been admitted throughout. In the Court below the defence put forward was that the story of the first marriage with Dallu's son was an entirely false story, the result of a conspiracy between Gajja and Dallu owing to the fact that Gajja wanted the girl to marry his own son. In this Court, while the defence on the facts is not abandoned, the defence has mainly relied on certain legal pleas to the effect that even if the first marriage was performed as alleged it was not such a marriage as would form a foundation tor a prosecution of bigamy. On the facts I agree with the conclusion of the learned Sessions Judge. As he says, there is a large amount of evidence to prove the first marriage, and the learned Judge was particularly impressed with the truthfulness of the witnesses. The lack of formality in the marriage is explained by the circumstances. The fact that Gajja himself made the report mentioning the first marriage and expressing apprehension of Hub Ali's intention to marry the girl again is a strong corroboration of the truth of the prosecution evidence. I agree with the learned Judge in entirely disbelieving the suggestion that this case is the outcome of a conspiracy between Gajja and Dallu. It is quite natural that Gajja, now that is own brother is in the dock on a Criminal charge, should lie in order to try and save him and this is clearly what Gajja has done in his evidence in Court. 2. The legal argument put forward in this Court is based chiefly on the fact that when a minor girl is married she has under Muhammedan law an option of repudiation on attaining puberty. It is suggested on behalf of the accused that this option can be exercised even before puberty, though no authority in support of this proposition has been adduced. The text books, e. g" Wilson's Anglo Muhammadan Law and Tyabji's Muhammadan Law all speak of the option as being one which arises on attaining puberty. In this case the girl appears to be still a minor. The text books, e. g" Wilson's Anglo Muhammadan Law and Tyabji's Muhammadan Law all speak of the option as being one which arises on attaining puberty. In this case the girl appears to be still a minor. Her age is given by the Sessions Judge as ten years old or perhaps less and there is no suggestion on the record that she has attained puberty. Apart from this there is no evidence whatsoever of the repudiation of the marriage which forms the foundation of the appellant's argument. All that the appellant can rely on is that when the girl is called to give evidence at the trial of her mother on a criminal charge, she tries to help them by denying the factum of the marriage. This is an entirely different thing from exercising an option of repudiation. It has been argued also that the mother was not the proper person to give her daughter in marriage. This no doubt is correct but the evidence shows that the eldest brother of the girl's deceased father who was the proper person to do so was present and gave his consent. There is no reason either on fact or law for interfering with the conviction and I am not prepared to reduce the sentence. I accordingly dismiss the appeals of both accused.