High CourtsSingle Bench(2019) 03 CHH CK 0031

Dr. Shanu Masih vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 5 March 2019

HON’BLE JUDGES
Arvind Singh Chandel, J
RESULT
Dismissed
CASE NUMBER
Criminal Revision No. 313 Of 2019

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Judgment

5 paragraphs · 263 words

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.