Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Penal Code (XLV of 1860)

Section: 363

Criminal Procedure Code (V of 1898) S. 410 read with Penal Code (XLV of 1860), S. 363-Appeal (cri minal)-Benefit of doubt-Accused convicted for offence of kidnap ping a young boy but victim not disclosing such a mishap even to his father-Occurrence although taking place in a densely populated area with shops around yet no shopkeeper of area pro duced by prosecution in support of its case-Accused given benefit of doubt and acquitted, in circumstances.---[Benefit of doubt]. Date of hearing : 6th April, 1981.                                                                                                                                      JUDGMENT Muhammad Shafi (23) son of Muhammad Din, caste Mughal, resident of Sialkot was tried by the learned Sessions Judge, Sialkot, under section 364-A of the Pakistan Penal Code who, by his judgment, dated 3rdOctober 1970, convicted him under section 363, P. P. C. and sentenced him to rigorous imprisonment for five years and a fine of Rs. 1,000 or in default in the payment thereof to suffer further R. I. for four months. He has appealed. 2. The case of the prosecution was that on 11thJune, 1965, at about 5-15 p.m. Muhammad Sarwar complainant and Muhammad Aslam P.W., son of Muhammad Hussain, were present at the shop of Abdul Ghani in Mohallah Arainyan, Sialkot, when the appellant came there carrying a boy, aged 5-6 Years. The boy started weeping and when Muhammad Sarwar complainant looked towards the appellant, his face turned pale. He enquired from him as to who that boy was, to which he could not give any satisfactory reply. The boy told the complainant that when he was playing near the Fort the appellant lifted him. The appellant thereupon confessed his guilt before the complainant and Muhammad Aslam P, W., son of Muhammad Hussain and requested to be forgiven, but they took him to the police…