Law: Pakistan Penal Code (XLV of 1860)

Section: 363

Law: Criminal Procedure Code (V of 1898)

Section: 342

Keywords: Surety, Benefit Of Doubt, Kidnapping, Evidence, Office, Date Of Birth, Determination, Certificate, Magistrate, Register, Information, Custody, Investigation, Prosecution, Removal, Consideration, Imprisonment, Removal, ExaminationResult: Appeal acceptedJUDGMENT The appellants, Banney Khan and Wahid Raza, had been convicted under section 363, P. P. C. and sentenced to suffer rigorous imprisonment for two years each. Nazakat Ali, Farasat Alt, both sons of Banney Khan, and Siddiq son of Ibrahim had also been tried along with the appellants but they were acquitted. The present two appellants had filed an appeal. They were both granted bail by this Court. Banney Khan was able to give surety on account of which he was released on bail. Wahid Raza could not give surety and as such he continued to be in jail and has since served out the sentence. The learned counsel for the appellants has not pressed the appeal of Wahid Raza and as such the appeal filed by him stands dismissed. The appeal filed by Banney Khan alone has been pressed and argued by the counsel for the appellant. 2. The facts on which this case is founded are that on the night between the 24th and 25th of May 1962, Mst. Nur Begum, daughter of Ghulam Hussain, is said to have disappeared from her house in the absence of her parents who had left for Mirpur Mathelo to attend on their Murshid. Ghulam Hussain, the father of Mst. Nur 13egum, came to his douse on the 27th of May 1962 and learnt from Abdul Aziz, Muhammad Ishaq, Muhammad Irshad and Hussain Bux that Mst. Nur Begum was missing from the house since the 25th of May 1962. In the meantime, Abdul Aziz, the maternal-uncle of Ghulam Hussain, learnt that Mst. "Nur Bagum had been produced by Banney Khan before the Mukhtiarkar and First Class Magistrate, Kandhkot. He consequ ently went to the office of the Mukhtiarkar and found Mst. Nur Begum in Court. He also found Banney Khan and all the Whet accused there. He told the Mukhtiarkar that the girl was a minor and had been abducted from the house on the previous night and should, therefore, be handed over to him. The Mukhtiarkar, Sain Bux, however, had recorded her statement and learnt…