BANU BEGUM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A charge sheet is filed alleging that accused No.1 gave birth to twin babies on 14/9/2018. Accused No.3, who was married and issue less through accused No.4, intended to take the daughter of accused No.1 on adoption. Accused Nos.1 and 2 agreed for giving adoption to accused No.3 on 14/9/2018 when accused No.1 came to the hospital for delivery, the accused No.1 had asked accused No.3 to come to the hospital. Accused No.1 delivered twin babies and one of the daughters had breathing problem and the said daughter was taken by accused No.3 by registering the name of the mother as Jareena Begum and thereafter took the daughter of accused Nos.1 and 2 on adoption by executing a deed on Rs.20.00 stamp paper. The learned Magistrate took cognizance of the offence punishable under Sec. 80 of Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'Act') and issued summons to the petitioners. Taking exception to the same, this petition is filed.

(2.) The learned counsel for the petitioners submits that the child which is alleged to have been taken by adoption by accused No.3 is not an orphan, abandoned or surrendered child so as to constitute the commission of offence punishable under Sec. 80 of the Act. Hence he submits that the charge sheet filed against the petitioners - accused is without any substance.

(3.) On the other hand, the learned High Court Government Pleader submits that accused No.3 having taken adoption of the child without following the provisions or procedure as provided under the Act have committed the offence punishable under Sec. 80 of the Act.