Dr. Shanu Masih Vs State Of Chhattisgarh

Chhattisgarh High Court 5 Mar 2019 Criminal Revision No. 313 Of 2019 (2019) 03 CHH CK 0031
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Criminal Revision No. 313 Of 2019

Hon'ble Bench

Arvind Singh Chandel, J

Advocates

Mahendra Sisodiya, Smriti Shrivastava

Final Decision

Dismissed

Acts Referred
  • Indian Penal Code, 1860 - Section 370(4)(6)
  • Juvenile Justice (Care And Protection Of Children) Act, 2015 - Section 81
  • Code Of Criminal Procedure, 1973 - Section 161

Judgement Text

Translate:

Arvind Singh Chandel, J

1. Heard on admission. Perused the material available with due care.

2. The instant revision has been preferred against the order dated 18.1.2019 passed by the 5 th Additional Sessions Judge, Raipur in Sessions Trial

No.258 of 2018, whereby the Additional Sessions Judge has framed charges against the Applicant under Section 370(4)(6) of the Indian Penal Code

and Section 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

3. As per the prosecution case, co-accused Mrs. Anuchit Wadekar has a clinic in Tikrapara, Raipur and present Applicant Dr. Shanu Masih also has

a separate clinic in Tikrapara, Raipur. Co-accused Lili Shanti Panna works with Mrs. Anuchit Wadekar. Allegedly, delivery of babies is done in the

clinics of the present Applicant and Mrs. Anuchit Wadekar. As per the prosecution case, the present Applicant and the other co-accused persons

used to sell new born babies who take birth in the clinics of the present Applicant and Mrs. Anuchit Wadekar. They also used to sell new born babies

received by them from other persons. Witnesses, namely, Nilesh Sharma, Yashwant Soni, Lalit Dhruve, Hemlata Dhruve and Kumari Pooja Raut, in

their statements recorded under Section 161 of the Code of Criminal Procedure, have sufficiently stated against the present Applicant regarding the

alleged commission of offence. I find that sufficient evidence is available against the present Applicant on the basis of which the charges framed

against her are prima facie made out.

4. I find no merit in the instant revision. It is, therefore, dismissed at the stage of admission itself.

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