STATE OF M P Vs. P K JAIN

JUDGEMENT

(1.) This revision, by the State, is directed against the order dated 17-1-2002 passed in Sessions Trial No. 14/2002, by the Special Judge (Atrocities), Bhopal, whereby she has discharged the non-applicants of the charges under Sections 372, 373, 317 and 176 read with Section 120-B and 34 of the Indian Penal Code.

(2.) According to the prosecution case, there is one Shanti Super Specialists Hospital in Bhopal of which non-applicant Nos. 1 and 2 are the Directors. Both of them are qualified doctors. They had employed non-applicant No. 3 as Nurse and non-applicant No. 4 as Cashier in the said hospital. The non-applicant No. 5 worked as a Lab Technician in that hospital.

(3.) The police of Police Station, Shahjahanabad, Bhopal, received an information that the non-applicant Nos. 1 and 2, in collusion with their hospital staff, were selling newly born babies of unwed mothers from the hospital. On 9-11-2001 the Station House Officer arranged a trap against them by sending Police Constables Aziz, Loren Victor and Sanjay as decoy customers. Constables Aziz and Sanjay were asked by the non-applicant Nos. 1 and 2 in the presence of non-applicant No. 3 to pay Rs. 30,000/- when they approached them to purchase a child of three months old. Consequently, an amount of Rs. 29,000/- was arranged by witness Kamrul Islam which was given to Aziz and lady Constable Loren Victor who posed herself as wife of Aziz. Non-applicant No. 3 took Aziz, Loren Victor and Sanjay to the Chamber of non- applicant No. 2 where non-applicant No. 1 was also present. There non-applicant No. 2 asked the non-applicant No. 3 to deliver the child to them after receiving the payment. The non-applicant No. 3, on accepting Rs. 29,000/- from Aziz, delivered the child to Loren Victor. The non-applicant No. 4 was asked to keep the money in the locker. The non-applicant Nos. 1 to 4 were, thus, caught red handed while selling a newly born child of an unwed mother in their hospital. The money passed on to the non-applicant Nos. 1 to 4 was seized from them. During investigation, the police recorded the statements of witnesses Tabassum and her husband Habibuddin. According to them, they had earlier purchased a newly born child from the hospital of non-applicant Nos. 1 and 2 in collusion with the non applicant No. 4 on payment of Rs. 25,000/- to non-applicant No. 2 as Tabassum was not conceiving a child and she feared divorce. Likewise, witness Shakeela has also alleged in her statement that she too had purchased a newly born child from the hospital of non-applicant Nos. 1 and 2 for Rs. 3500/- in collusion with the non-applicant No. 3 as she feared divorce. Rahul Singh, an Editor of "Zee TV." in his statement, has alleged that the non-applicant No. 3 had agreed to sell him a baby girl of one Lata on 9-11-2001 and he was present in the hospital when the non-applicant Nos. 1 and 4 were trapped by the police.