LOHIT KAUSHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal by way of special leave has been filed by Lohit Kaushal, who along with several others stands convicted for offences punishable under Sections 364A, 342 read with Section 120B of the Indian Penal Code and has been sentenced to undergo imprisonment for life for the offence under Section 364A read with Section 120B and to one year's R. I. under Section 342 read with Section 120B, along with fine in both cases.

(2.) The facts of the case are as under:

(3.) On 27/2/2002, information was received by Inspector Mange Ram that the kidnappers were demanding Rs. 60 lakhs as ransom and on receipt of the amount they would free the child near Gurudwara Dukhniwaran Sahib, Patiala. The matter was however settled at Rs. 21 lakhs. Sub-Inspector Mange Ram accompanied by Sukhjit Singh (Arshdeep's father) reached the pre-determined place, which was a STD booth near the Gurudwara and found Lovepreet Kaur along with the child inside the booth. She was immediately arrested and the child was freed and handed over to her father. Pursuant to Lovepreet Kaur's sustained interrogation Satnam Kaur was arrested on 28/2/2002, and pursuant to her interrogation, Lohit Kaushal, the Appellant herein, was taken into custody and a Maruti Car No. CH01-4565, which had allegedly been used while kidnapping the child, was seized by the police. A Tata Sumo vehicle bearing Registration No. HR01E-7582 was also produced before the police by its owner, PW.3 Sarwan Singh and was taken into possession. On the same day Parminder Mohan, Manjit Singh, Nand Kishore and Sunil Kumar were also apprehended. On 3/3/2002 Lovepreet Kaur made a disclosure leading to the recovery of the clothes that Arshdeep had been wearing at the time of the kidnapping. Likewise and at the instance of Manjit Singh, a VCP along with its remote control were also recovered.