JUDGMENT : The State is the appellant in this appeal. The learned Government Pleader, on behalf of the State, has filed this appeal for the confirmation of the conviction and sentence passed on accused Sebastiao Fernandez. The charge against the accused was that he had raped Esperanca Inacinha Fernandez between March and April 1963. 2. It was the prosecution case before the learned Magistrate that the accused and Esperanca Inacinha were close neighbours and that for some time they started loving each other and thereafter the accused taking advantage of the fact that the mother of Esperanca Inacinha had been absent from her house committed sexual intercourse with Esperanca Inacinha on more than one occasion. Esperanca Inacinha deposed that she allowed him sexual intercourse because the accused promised that he would marry her. This was also the impression gathered by her parents. It was after some time that the accused, probably at the instance of his parents, showed unwillingness to marry her. The Police examined the complainant, her father and other witnesses and prosecuted the accused for an offence of rape under Sec. 392 of the Portuguese Penal Code after the Police Prosecutor submitted the charge sheet to the Court. Before the conclusion of the trial, the accused married Esperanca Inacinha, but since he was a minor, being less than 18 years when the offence was committed, the learned Magistrate had no option but to convict the accused under the above section and sentence him to four years imprisonment. He also directed that the accused should pay compensation of Rs. 1,500 to Esparanca Inacinha; in addition, the accused was required to pay costs amounting to Rs. 200 towards the medical expenses etc. The learned Magistrate thereafter suspended the sentence in view of the marriage, relying on the provisions of article 400 (1) of the Portuguese Penal Code. 3. We understand from the learned Government Pleader that the sentences exceeding 3 years under the Portuguese Penal laws require confirmation of this Court and hence this appeal under section 473 of the Portuguese Criminal Procedure Code. 4. The accused and Esperanca Inacinha have now been living as husband and wife. The accused wanted to marry her but because of some opposition from his parents he did not marry her before he was prosecuted. 4. The accused and Esperanca Inacinha have now been living as husband and wife. The accused wanted to marry her but because of some opposition from his parents he did not marry her before he was prosecuted. We are of the opinion that the learned Magistrate acted rightly in invoking the provisions of article 400 (1) of the Portuguese Penal Code in view of the marriage that took place after the prosecution and before the conclusion of the trial. Accordingly we confirm the conviction and the sentence passed by the learned Magistrate and also his order suspending the sentence in view of the action taken under the above article. The appeal is accordingly disposed of. 5. The learned Government Pleader has drawn our attention to the provisions of article 400 of the Portuguese Penal Code. The effect of that article is that if the accused divorces Esperanca Inacinha within five years, he will have then to undergo the sentence passed by the learned Magistrate. This seems to be a salutary check on husbands who may divorce their wives after sentences are suspended. Order accordingly.