Law:

Section:

(a) Penal Code (XLV of 1860), S. 368-Wrongful confine­ment-Boy 12 year's old, kidnapped from his parents guardianship, brought by a person to accused, introducing him as his brother's motherless son and accused confining him in his house for 1 ½ months---­Boy immediately on being recovered disclosing his kidnapping and confinement at several places including accused's house-Accused him­self suspecting relationship of boy with that of person bringing him yet not questioning him in detail and knowing that boy spoke different dialect from that of person bringing him-Accused neither allowing boy to go out of his house unaccompanied nor reporting his presence to Chairman, Union Council or local police-Circumstances, held, sufficient to lead to conclusion that accused knew boy to be kidnap­ped and accused's conduct wholly incompatible with conduct of inno­cent persons-Conviction not interfered with. (b) Evidence-Appreciation of evidence-Not a function under­taken by Supreme Court. P. C. Bose, Advocate Supreme Court instructed by R. C. Pandey, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing : 25th May 1970. JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner was convicted under section 368 of the Pakistan Penal Code and sentenced to suffer rigorous imprisonment for five years by the Assistant Ses­sions Judge, Noakhali. His conviction and sentence have been upheld by a Division Bench of the High Court of East Pakistan, on appeal. The petitioner now seeks special leave to appeal to this Court. The allegation against him is that he kept a boy of about 12 years, called Millat, confined in his house for a period of about a month and a half knowing that the said boy had been kidnapped by some other person from the lawful guardianship of his own parents. The boy, who was missing from the house of his father from the 4th or 5th of April 1964, was, in fact, recovered from the house of the petitioner on 18th of July 1964. The defence set up on behalf of the petitioner does not challenge, that the boy had been abducted by a person referred to as "Babriwala", confined by him in his house for a month, thereafter confined for another month and a half in the house…

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