Judgment

VAIDIALINGAM, J. :- This appeal by the first accused, on certificate, is against the judgment and order dated the 15th November, 1967, of the Allahabad High Court confirming the conviction and sentence for an offence under Section 368, I. P. C.

2. According to the prosecution, the second, the second accused kidnapped a minor child of Smt. Gomti Devi at about 4.00 A.M., on November 6, 1963. P. W. 1 had given birth to a male child at the Dufferin hospital at Bareilly on the evening of November 5, 1963. The second accused, who was the sister of an aya working in the said hospital, was noticed on the evening of November 5, moving about near the bed where Gomti was lying with her new-born baby. She was noticed by P. W. 12 and on enquiry, she told the latter that she was waiting to see some patient in the clean ward. At about 4.00 A. M. on November 6, 1963, the second accused took away the new-born male child from P.W. 1 on the representation that the staff nurse wanted to do the cord dressing of the child. Believing her representation, P.W. 1 allowed her to take the child. As the child was not returned to the ward even after the lapse of about an hour and a half, P. W. 1 informed