Judgment

CHINNAPPA REDDY, J.:- The appellant-petitioner, in the Criminal Appeal and Special Leave Petition, Capt. Dushyant Somal married Sushma Somal on May 10, 1973.1 A daughter Sweta born on May 16, 1974 and a son Sandeep born on April 1, 1975 are the children of the marriage. There Was estrangement between husband and wife and they appear to have been living separately since 1976. The children were living with the mother. On an allegation that Sandeep was removed from her custody by her husband in Sep., 1977, the wife moved an application under the Guardians and Wards Act, seeking custody of her minor son Sandeep. She obtained an ex parte order and pursuant to the order obtained by her, with the help of the Police, she recovered custody of her son Sandeep. According to the wife on Oct. 27, 1980, at about 7 a. m. when Sandeep escorted by his grand-mother Shanti Devi was waiting at the bus stop, Capt. Dushyant Somal accompanied by three or four other persons came in a car and forcibly took away the child. At that time Sushma Somal was helping her daughter to board a bus to go to School. After Sweta boarded the bus she came towards the place where her son was to board the bus. She f