STATE OF MAHARASHTRA Vs. LAHU @ LAHUKUMAR RAMCHANDRA DHEKHANE

JUDGEMENT

(1.) This is an appeal by special leave by the State of Maharashtra against the judgment of acquittal. Said judgment of acquittal has been passed in appeal. By the impugned judgment, the High Court of Bombay has acquitted the respondent under Sections 363, 364A, 386, 302 and 201 of the Indian Penal Code. The trial court, however, had held the respondent Lahu @ Lahukumar Ramchandra Dhekhane guilty of all the charges.

(2.) According to the prosecution, Sanket, son of Suryakant Bhande, PW-30 was studying in Junior K.G. in M.E.S. High School. On 29th of November, 1999 Sanket went to school at 9 A.M. When he did not return, the father went to the school where he met Sanket's Class Teacher, Anjali Walimbe (PW- 4), who informed him that he left the school with a person aged about 25 years at 12.30 P.M. In the meanwhile, Pratibha, the mother of the child received a ransom call promising to release the child on payment of ransom of Rs. 1 lakh. A report was accordingly lodged. On 6th of December, 1999 at 11.00 A.M. another ransom call came demanding a sum of Rs. 1 lakh from the father for releasing the child from captivity and the ransom amount was to be delivered at specified place. The caller gave threat to the father of dire consequences in case police was informed. Despite the threat, the police was informed and the father went to the specified place with the ransom money, kept the money but nobody turned up till about 2.45 P.M. The father then received a call from his cousin on his mobile at 3.30 P.M. asking him to return to his house. On reaching there, the father was told by his cousin that another anonymous call had come complaining that the place where the money was kept was surrounded by the police and, hence, the ransom amount be kept at Katraj Ghat near Hotel Rama. The caller gave specific instruction as to the place and the manner in which the bag containing the ransom amount to be kept. This time, the father went without informing the police, kept the bag containing the ransom amount at the specified place and sounded whistle as directed. After 10 minutes when the father went to the spot he found that the bag was not there. Thereafter, the search was made but neither the child nor anybody was found there.

(3.) The family suffered the pain for a long time as they could not get any information with regard to the child. However, suddenly after about 6 months on 5th of June, 2000 the father received a call on his mobile from Pune but it got disconnected. The father, in order to record the conversation, had attached a tape-recorder to his mobile. After some time, he received another phone call from Pune asking him to pay a sum of Rs. 1,50,000/- for return of the child and an impression was given that the child is safe in Mumbai. The caller further informed him that the time and the place for payment of the ransom money shall be informed on the next day. As communicated, on the next day at about 12 noon the father received a phone call on his mobile and he was asked to deliver the ransom amount near a hill at a specified place at Pune-Ambegaon Bypass. In order to secure release of the child, the father put the bag containing currency notes at 3.00 P.M. at the specified spot. At that time, the police officers were standing at a distance. Within five minutes the bag was taken away by somebody. At about 3.45 P.M. on the same day the father received a phone call on his mobile from a place called Hadapsar from Pune and the caller threatened to kill his another son named Saurav, who was studying in IIIrd Standard in the same school, as he had not obeyed the instruction and informed the police. The father, with the help of the police, found out the STD Booth from where the phone call was made. The owner of the booth, Ganesh Shinde, PW-26 told them that a person had come on Suzuki Samurai Motorbike who had made the call.