(1.) A Criminal Petition under Sec. 482 of the Criminal Procedure Code, 1973 read with Article 227 of the Constitution of India, 1950 has been filed to challenge the order dtd. 17/2/2021, vide which Charge under Ss. 363/370 read with Sec. 120B of the Indian Penal Code, 1860 and Ss. 80 & 81 of Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter 'JJ Act') has been framed against the Petitioners.
(2.) The case of the prosecution is that on 19/8/2020 at about 02:00 PM, secret information was received by ASI Shailesh that one lady, Shahida, who is in the business of sale and purchase of children, has purchased a child of two-three months old, whom she would be bringing at GazipurNoida Road, New Barat Ghar Chilla Village for the purpose of selling. Accordingly, a raid was organized. The lady Shahida with a child in her lap, came at the spot and she was identified by the informant. She waited at the spot for about 20 minutes, but none came. As she was seen intending to leave, the raiding party apprehended her along with the child.
(3.) On enquiry, Shahida was unable to give any satisfactory explanation about the child; she along with the child were brought to the Office of the Special Staff, where she was thoroughly interrogated.