CRA-S-3361-SB-2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRA-S-3361-SB-2011 Date of decision:
29. 04.2014 Madhu Bala ..... Appellant Versus State of Punjab ..... Respondent CORAM: HON'BLE MR. JUSTICE R.P. NAGRATH1 Whether Reporters of the local papers may be allowed to see the judgment?.
2. To be referred to the Reporters or not?.
3. Whether the judgment should be reported in the digest?. PRESENT: Mr. KS Dadwal, Advocate for the appellant. Mr. BS Cheema, Deputy Advocate General, Punjab. R.P. NAGRATH, J.
Appellant-Madhu Bala faced trial under Sections 317 and 372 of the Indian Penal Code (IPC). She was acquitted of the charge under Section 317 IPC but convicted under Section 372 IPC and sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of ` 5000/-, in default of payment of fine to further undergo rigorous imprisonment for two months.
2. The facts of the case as emerged during trial are briefly stated:- Kataria Rishu 2014.04.29 17:28 I attest to the accuracy and integrity of this document CRA-S-3361-SB-2011 -2- The appellant was residing in the house of late Prem Lata in front of street No.5, Gautam Nagar, Hoshiarpur. On 27.9.2005, Inspector Naresh Kumar Dogra (PW-5) of Police Station City, Hoshiarpur, received a secret information against the appellant, a nurse in Shashi Nursing Home that she was indulging in the trade of selling newly born babies in connivance with Dr. Shashi. The information was reliable. PW-5 sent an application copy of which is Mark 'A' to the Sub Divisional Magistrate, Hoshiarpur requesting to depute an officer for conducting raid. PW-2 Harminder Singh, Tehsildar-cum-Executive Magistrate, was deputed for the purpose and he reached the police station. PW-3 Constable Rajinder Mohan was made a bogus purchaser and sent to the house of appellant to strike the deal. That Constable came back and informed PW-5 that the deal has been settled at ` 80,000/-. PW-5 prepared a packet of blank sheets placing one genuine currency note of ` 1000/- each at the top and bottom to look like the total currency of ` 80,000/- and entrusted the packet to PW-3 to use it for the deal. The serial numbers of two currency notes of the denomination of ` 1000/- each bearing the initials of PW-5 were also noted in the memo of entrustment Ex. P-1, which was attested by PW-2, PW-3, Iqbal Singh Sub Inspector and lady Head Constable Surinder Kaur. PW-6 Head Constable Ravinder Nath was made as a shadow witness to overhear the conversation between the appellant and PW-3 with an instruction to send a signal to the raiding party after the deal is executed. An attempt was also made by PW-5 to join some independent witness but none was ready. PW-3 and PW-6 proceeded ahead and rest of the police party was hiding Kataria Rishu 2014.04.29 17:28 I attest to the accuracy and integrity of this document CRA-S-3361-SB-2011 -3- itself to wait for signal of PW-6. On receiving signal from PW-6, rest of the police party including PW-2 went inside the house and found the appellant standing in the courtyard of her house. The appellant was already known to the Investigating Officer. She was holding a child in the lap on her left shoulder and there was packet of money in her right hand. The child was laid on the bed lying nearby. Search of the appellant was got conducted from the lady police force and the packet with same currency notes of ` 1000/- each at the top and bottom, bearing initials of PW-5 was recovered vide Panchnama Ex. P-2. On the basis of writing (ruqa) Ex. P5 sent to the police station, FIR Ex. P-6 was registered. Rough site plan Ex. P-8 of the house of the appellant was also prepared. During investigation of the case, record was collected from PW-4 Dr. Balwinder Singh Ahuja proprietor of Ahuja Children Hospital, Hoshiarpur, where the newly born child in question, was admitted for treatment. The child was produced before Additional Chief Judicial Magistrate, Hoshiarpur on 1.10.2005 and the learned Magistrate, passed an order Ex. P-4 directing the child to be sent to Nari Niketan, Jalandhar. The subject matter of the application filed before Additional Chief Judicial Magistrate was that the child had remained admitted in Civil Hospital, Hoshiarpur from 27.9.2005 to 1.10.2005. Dr. Shashi of Shashi Nursing home was arrested on 27.9.2005 itself but she was let off after an enquiry conducted by Deputy Superintendent of Police, Hoshiarpur and thus, kept in column No.2 of the challan. Kataria Rishu 2014.04.29 17:28 I attest to the accuracy and integrity of this document CRA-S-3361-SB-2011 -4- 3. Initially, the prosecution examined 5 witnesses in support of its case and statement of the appellant was thus recorded under Section 313 Cr.P.C. In fact the shadow witness was not cited in the list of witnesses. The prosecution moved an application under Section 311 Cr.P.C. to summon and examine HC Ravinder Nath which was allowed and the official was examined as PW-6. Thereafter, supplementary statement of the appellant under Section 313 Cr.P.C. was also recorded.
4. Appellant denied all the incriminating circumstances appearing against her in the prosecution evidence. She pleaded that the police was pressurizing her to make statement against Dr. Shashi and on her refusal to do so, the appellant was falsely implicated. The appellant did not lead any evidence in defence.
5. The learned Trial Court convicted and sentenced the appellant as aforesaid by acquitting her of the charge under Section 317 IPC.
6. I have heard learned counsel for the appellant, learned State counsel and also carefully gone through the record with their able assistance.
7. Learned counsel for the appellant has challenged the conviction of the appellant inter alia on the grounds: (i) that evidence of alleged deal and sale of the child is unbelievable; (ii) that no independent witness was joined in the raid and thus, there is non-compliance of Section 100 (4) Cr.P.C.; and (iii) that the child was not produced during the trial despite seeking adjournments for that purpose. It was further contended that offence under Section 372 IPC is not attracted even if the Kataria Rishu 2014.04.29 17:28 I attest to the accuracy and integrity of this document CRA-S-3361-SB-2011 -5- allegations are found to be correct.
8. Learned State counsel on the other hand submitted that there is evidence in abundance to prove the version against the appellant and all necessary steps were taken by taking assistance of an Executive Magistrate to witness the raid.
9. The entire story hinges around the controversy whether an unmarried girl delivered a male baby on 4.9.2005 at Shashi Nursing Home. This is clinched from the testimony of PW-4 Dr. Balwinder Singh Ahuja, who brought the record of his hospital. PW-4 testified that on 4.9.2005, the appellant brought a newly born male child in his hospital at 1.40 a.m. (midnight). According to PW-4, this was a pre-mature delivery. The entry regarding admission of the child was made at page No.233 and copy of the said entry is Ex. P-3. This child remained admitted in the hospital of PW-4 till 19.9.2005.
10. The careful scrutiny of statement of PW-4 would show him to be making absolutely truthful version not actuated with malice. The doctor stated that appellant-Madhu Bala who was working as a nurse in Shashi Nursing Home deposited ` 1000/- at the time of admission of the newly born baby, ` 5000/- at the time of discharge and ` 6000/- later on. PW-4 in cross-examination stated that newly born children used to be referred to his hospital by Shashi Nursing Home. Occasionally the children were also referred through the appellant Madhu Bala.
11. Learned appellant's counsel contended that there is contradiction with regard to age of the child. PW-4 stated that the baby was born about 30 minutes before the admission in Ahuja Children Kataria Rishu 2014.04.29 17:28 I attest to the accuracy and integrity of this document CRA-S-3361-SB-2011 -6- Hospital. However, in his statement under Section 161 Cr.P.C. Ex. D-1, the age of the child was stated to be between 3 to 4 weeks. This is hardly a contradiction as the child at the time of discharge was more than two weeks. PW-4 categorically stated in cross-examination that he entered the age of child in the register as “+ - 30 minutes”.. In cross-examination PW-4 stated that some lady had accompanied the appellant at the time of admission of the child. According to the doctor, said lady came only once to his hospital during admission of the baby. PW-4 also stated that the said child was taken from his hospital by the appellant at the time of discharge. In the record prepared by PW-4 the fact that child was got admitted by Madhu Bala is not mentioned. But the doctor was quite categorical in stating that the appellant facing trial was the nurse who got admitted this child in his hospital.
12. The mischief of course was committed by Dr. Shashi who was running a nursing home, as the record of delivery of a baby to that un-married girl on 4.9.2005 was not prepared. For that professional misconduct a serious action was required against the said doctor.
13. PW-1 Sunita Bhatti was also working as nurse in Shashi Nursing Home during that time. This witness stated that no delivery took place in Shashi Nursing Home on 4.9.2005. The witness was permitted to be cross-examined by the State counsel. The apprehension of the public prosecutor that PW-1 had turned hostile was not imaginary because in cross-examination, PW-1 rather tried to say that on 4.9.2005, the appellant was not even in the job of Shashi Nursing Home for which there was otherwise overwhelming evidence in the testimony of PW-2 Kataria Rishu 2014.04.29 17:28 I attest to the accuracy and integrity of this document CRA-S-3361-SB-2011 -7- and PW-5.
14. There was thus the un-impeachable evidence that a male child was born to an un-married girl in Shashi Nursing Home on 4.9.2005 but the child was kept by appellant-Madhu Bala who deposited the charges of treatment in the hospital of PW-4 and got the child discharged on 19.9.2005 which was undoubtedly for the purpose of illegal disposal for consideration.
15. The other contention to challenge the prosecution story was that the child was not produced during the trial. I find no force in this contention as after recovery, the child was produced before Additional Chief Judicial Magistrate, Hoshiarpur in the instant FIR on 1.10.2005 and learned Magistrate directed the child to be sent to the Nari Niketan, Jalandhar for which reference to the order Ex. P-4 passed by the Magistrate has already been made.
16. The learned trial Court found that an endorsement was made by Director, Nari Niketan Trust, Jalandhar suggesting that the child was admitted to Shishu Greh, Nari Niketan Trust, Nakodar Road, Jalandhar on 1.10.2005. The learned trial Court, however, observed that the authorities of the Nari Niketan in fact never wanted to reveal identity of the child. That was not the correct observation of the trial Court as the perusal of record would shows that despite various production warrants being issued to produce the child, it was reported that no such child of the name of Madhu Bala was admitted in the said Institute. Since in the production warrants, the title of the case State Vs. Madhu bala was mentioned, that such kind of reports were coming. However, non- Kataria Rishu 2014.04.29 17:28 I attest to the accuracy and integrity of this document CRA-S-3361-SB-2011 -8- production of child during trial would be insignificant factor in view of the convincing evidence with regard to recovery of child from custody of the appellant.
17. The prosecution story was consistently testified by PW-2 Harminder Singh, Tehsildar, PW-3 the decoy purchaser, PW-5 Investigating Officer and PW-6 HC Ravinder Nath the shadow witness. These witnesses have withstood the test of scrutiny despite cross- examination. The procedure adopted by the Investigating Officer in joining Executive Magistrate has inspired full confidence to the version. There was virtually no challenge to the testimony of PW-3 who was in plain clothes and that of PW-2. PW-2 stated that lady Head Constable Surinder Kaur recovered the child from appellant.
18. Learned counsel for appellant referred to the cross- examination of PW-3 who stated that the packet of currency was not recovered in his presence by PW-5 as he had gone to drink water but when he came back, the packet was found with Lady Head Constable Surinder Kaur. The above is not a damaging statement. Other than the aforesaid fact that there is nothing to challenge the testimony of PW-3.
19. It was urged by learned appellant's counsel that the attempt was in fact made to save Dr. Shashi of Shashi Nursing Home. In cross- examination, PW-5 stated that house of appellant is on the main road and falls within the residential area. He further stated that the appellant and Dr. Shashi both were present in the house. In chief-examination, PW-5 stated that Dr. Shashi was also arrested in this case. The above factor would not bring any material contradiction because there was no such Kataria Rishu 2014.04.29 17:28 I attest to the accuracy and integrity of this document CRA-S-3361-SB-2011 -9- suggestion put to PW-2, PW-3 as well as PW-6 about the presence of Dr. Shashi in the house of the appellant at that time. The above contradiction brought in by PW-5 seems to be deliberate. However, PW-5 in further cross-examination stated that while going from Police Station City to the house of appellant, the house of Dr. Shashi falls in the way. PW-5 further stated that he also conducted raid at the house of Dr. Shashi but no record of birth of this child was found. PW-6 also stated that after the apprehension of appellant and recovery of child and money, they went along with the child and appellant to Shashi Nursing Home. Three nurses were present in Shashi Nursing Home. When those nurses were being interrogated, Dr. Shashi also came there. It is a matter of record that Dr. Shashi was arrested on the same day itself. These facts would make the above contention of the appellant devoid of merit.
20. The packet of money recovered from the appellant was produced during examination of PW-5. There was one currency note of the denomination of ` 1000/- each on both the sides of packet and bear the initials of PW-5. The above story of the prosecution and the manner in which the trap was laid is quite natural, consistent and meticulous which deserves acceptance especially when the appellant's version was of simple denial.
21. Learned appellant's counsel, however, contended that the safeguards with regard to house search as required by sub-section (4) of Section 100 Cr.P.C. should have been adopted. I find no force in the above contention because this was not a case of house search. It was rather a case of a trap laid on the basis of secret information. PW-5 in Kataria Rishu 2014.04.29 17:28 I attest to the accuracy and integrity of this document CRA-S-3361-SB-2011 -10- cross-examination stated that the house of appellant was not searched. The appellant was standing in the room of her house being used as a clinic when the the raid was conducted. Similar is the statement in the cross-examination of PW-6. PW-6 stated further that he did not see any other person present in the house of the appellant at the time of trap apart from newly born child.
22. It was next contended for the appellant that no attempt was made to trace out the parents of newly born baby despite their address being available in the record of Ahuja Children Hospital. PW-4 Dr. Balwinder Singh Ahuja, stated in cross-examination that as per record of his hospital mother's name of the child is written as Jaswinder and father's name as Surjit Singh of Gautam Nagar, Hoshiarpur. The aforesaid address seems to be imaginary and even the complete address is not to be found in the record Ex. P-3. PW-5 (Investigating Officer) stated in cross-examination that he made attempt to know the whereabouts of parents of the child but the appellant did not disclose anything.
23. In view of the above discussion, the conclusion reached by the trial Court with regard to recovery of newly born child, of a un-married girl, from possession of appellant who was holding a bundle supposedly being the amount of sale consideration of the child cannot be doubted.
24. Since the appellant was keeping the newly born baby of a un-married girl in her custody for a period of more than three weeks that was obviously for the purpose of disposal of the child for consideration.
25. Now, the question is whether the ingredients of Section 372 Kataria Rishu 2014.04.29 17:28 I attest to the accuracy and integrity of this document CRA-S-3361-SB-2011 -11- IPC are attracted ?. Section 372 of the Indian Penal Code reads as under:-
“372. Selling minor for purposes of prostitution, etc.— Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine.”. 26. The learned State counsel relied upon State of M.P. Vs. Dr. P.K. Jain and others, 2005 Cri LJ877of Madhya Pradesh High Court. That was also a similar case where trap was laid by the police on receiving information that the non-applicants in collusion with their hospital staff, were selling newly born babies of unwed mothers. Madhya Pradesh High Court observed that the prevalence in the country of the menace of children being used for unlawful and immoral purposes is too well known. Doctors in nursing homes who, contrary to all norms of professional ethics, sell a recently born child without ascertaining satisfactorily the purpose for which the child is being purchased and without taking proper precautions to ensure that the child may not fall in undesirable hands must, prima facie, be imputed with the knowledge that the child, at some age, is likely to be employed or used for any unlawful and immoral purpose within the meaning of Section 372 of the Indian Kataria Rishu 2014.04.29 17:28 I attest to the accuracy and integrity of this document CRA-S-3361-SB-2011 -12- Penal Code. It was observed that the word “likely”. in the section denotes “probability”. and not “certainty”.. That was a case coming before the Madhya Pradesh High Court in a Criminal Revision against the order of discharge of the accused persons passed by the trial Court. The trial Court had held that though there is overwhelming evidence against the non-applicants about they being caught red-handed while selling a minor child, yet they cannot be tried for the offences mentioned in the charge- sheet as the ingredients of those offences were not attracted despite observing that selling of human babies by the doctors and nursing staff is highly outrageous, unethical and immoral.
27. The same proposition was also dealt with by the High Court of Kerala in Prema Vs. State of Kerala 2013 (4) KLJ252 in para 8 of the judgment as under:- 8. For the time being, it is noticed, neither Penal Code nor any other statute contain provision to penalise a person over the sale of women and children. The Law Commission of India, after taking note of the pervading social evil of sale of women and children existing in certain parts of the country and absence of any penal provision to punish the offenders thereof, took up the subject suo motu, and in its 146th report, recommended amendment of the Penal Code introducing provisions for punishment of selling of woman or minor. Laudable recommendations made by the Law Commission in the Kataria Rishu 2014.04.29 17:28 I attest to the accuracy and integrity of this document CRA-S-3361-SB-2011 -13- above report are yet to be adopted and incorporated in the Penal Code. Penal Code contain certain provisions to deal with trafficking of persons but they are confined to cases of one or other specified matter and those provisions are hardly sufficient to combat with the social evil of sale of women and children, for which a number of social economic causes are attributable, and, it being taken note of, the Commission felt that new provisions specifically penalizing sale of women and children should be incorporated in the Penal Code. Women and children who are vulnerable to exploitation needs special care and protection, was the basis for such recommendations. Though some changes have been made, substituting previous S. 370 and incorporating 370A in the Penal Code on the basis of recommendations made by Justice Verma Commission, to deal with the social evil of sale of women and children no penal provision has been brought hitherto. Commission for Protection of Child Rights Act, 2005, Juvenile Justice (Care and Protection of Children) Act, 2000, Right of Children to Free and Compulsory Education Act 2009 (Central Act 35 of 2009) and Child Labour (Prohibition and Regulation) Act, 1986 are some of the enactments Kataria Rishu 2014.04.29 17:28 I attest to the accuracy and integrity of this document CRA-S-3361-SB-2011 -14- which have come into being to protect and safeguard the interest of children. Though some of the above Acts were legislated upon recognizing 'the rights of children' in terms of the United Nations Declaration of Rights of Children, to which India is also a signatory, no provision has been brought in any of such Acts to penalise those involved in the sale of children. Article 23 of the Constitution of India prohibits trafficking in human beings. Expression 'trafficking in human beings' in that article, necessarily, has to be given a wide meaning including sale of women or children, whatever be the purpose. However, the above article prohibiting human trafficking states that any contravention thereof 'shall be an offence punishable in accordance with law'. So far as trafficking of women or children for exploitation of the nature specified new provision of Section 370 of Indian Penal Code is applicable. But, so far as the sale of children, as of now, there is no offence punishable in accordance with law has been brought into force. Recommendations given by the Law Commission in its 146th report for incorporating penal provisions to eradicate the social evil of sale of women and children deserve immediate attention by all stakeholders who are interested in the welfare of Kataria Rishu 2014.04.29 17:28 I attest to the accuracy and integrity of this document CRA-S-3361-SB-2011 -15- children and women. Stringent procedures and guidelines for adoption of children from India have been brought into force by the Central Adoption Resource Authority in the wake of the directions given by the Apex Court in Lakshmi Kant Pandae v. Union of India (AIR1984SC469 and recommendations made by a task force constituted later under the chairmanship of a former Chief Justice of India. However, so far as the sale of children inspite of bringing of several enactments to protect the interest of children, no penal provision has so far been brought in, that too, even after recommendations for the urgent need to do so have been made by the Law Commission in its 146th report.......”. 28. The Law Commission in its 146th report diverted on the subject of the sale of women and children and by making reference to the provisions of Sections 372 and 373 of the Indian Penal Code observed that the present legal position is seriously deficient in one important respect. It does not take care of the cases where a sale simpliciter of a person takes place, where there is no object of using the person sold for a purpose not specified in Sections 372-373 of the Indian Penal Code. The Law Commission observed as under: “3.10 Need for Amendment It is this limited scope of the two sections that gives rise to the need for amendment. There is, we believe, Kataria Rishu 2014.04.29 17:28 I attest to the accuracy and integrity of this document CRA-S-3361-SB-2011 -16- justification for extending the scope of the legal provisions so as to cover cases where a woman or a child is sold, whatever be the immediate or ultimate object of the transaction and whether such objective be apparent or not. We have, in the opening paragraphs of this Chapter, set out some of the important considerations that should be borne in mind in approaching the subject. It is not necessary to repeat everything that has been said in those paragraphs. It is sufficient to state that the sale of a human being-particularly where the question is of an individual who needs special protection of the law- should be regarded, not only as a practice deserving condemnation by the law, but as conduct that should be visited with criminal penalties. The presence of an unlawful or immoral purpose may aggravate the criminality; but its absence does not take away the heinousness of the conduct. Such transaction destroy the very humanness of the individual, so sold, let on hire otherwise disposed of. Even from the point of view of the doer of the act, it is demorallising act, because, if the law does not punish that doer, it may tend to generate and perpetuate in him as insidious abhorrence of human values and a disregard of the dignity of human beings. He tends to treat human beings as chattels to be used to accomplishing mercenary motives. The lacuna existing in the present law, therefore, needs to be removed.”
. Kataria Rishu 2014.04.29 17:28 I attest to the accuracy and integrity of this document CRA-S-3361-SB-2011 -17- 29. Therefore, it was proposed to insert after Section 373 IPC a new section on the following lines:- “373-A Selling woman or minor, etc. (1) Whoever, in a case not falling under section 372 or Section 373 - (a) sells, lets to hire or otherwise disposes of, for consideration, any person under the age of eighteen years, or any woman of any age, or (b) buys, hires or otherwise obtains for consideration the possession of any such person or any woman, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (2) The provisions of this section apply in relation to a person of unsound mind, as they apply in relation to a person under the age of eighteen years.”
. Explanation: Nothing in this section shall apply in relation to the hiring of services of any person.”. 30. It may also be seen that Kerala High Court in Prema's case (supra) sent copy of the judgment to the Secretary, Ministry of Social Justice and Empowerment, Union of India, for taking appropriate steps to the recommendations given by the Law Commission in its 146th report on 'Sale of Women and Children' but nothing is shown if any positive steps were initiated in that regard. The next proposition basically would be whether the disposal of child for consideration in the instant case was for Kataria Rishu 2014.04.29 17:28 I attest to the accuracy and integrity of this document CRA-S-3361-SB-2011 -18- the 'illegal and immoral purposes'. That can be properly determined on the basis of the prosecution story and the evidence adduced on the subject.
31. Important would be to story brought forth by PW-3 HC Rajinder Mohan, the bogus punter. PW-3 met the appellant at her house on 27.9.2005 and told her that he was not having a child and needed the same. Firstly, the appellant demanded an amount of ` 1 lac for the child but the deal was settled at ` 80,000/-. Whether the above statement would attract the offence under Section 372 IPC. The case of prosecution basically rested on the version that sale of the child in this case was for un-lawful and immoral purpose because disposal of a newly born male child in this case was apparently not for the purposes of prostitution or illicit intercourse. The answer to the above contention would have to be in the negative as I would agree with the proposition discussed and held by the Kerala High Court in Prema's case (Supra) that sale of a newly born child can be unethical or illegal but was not for unlawful and immoral purposes. The determination on this aspect can be deduced from the direct evidence that has come in the testimony of PW-3. It has to be remembered that the crucial point of time for determining culpability of a person under Section 372 IPC is the one when sale takes place. It is at that point of time that the intention of the accused who sells the minor has to be taken into account.
32. In Empress of India Vs. Sri Lal and others (1880) ILR2ALL694before Allahabad High Court, the facts were that the appellants by falsely representing certain girls or the Baniah, Dome and other low Kataria Rishu 2014.04.29 17:28 I attest to the accuracy and integrity of this document CRA-S-3361-SB-2011 -19- castes to be members of Kayasth, Rajput, and Ahir families, induced a number of Kayasths, Rajputs and one Ahir to take these girls to be wives and to pay money for them to the appellants in full belief that the representation was true. It was ultimately held that the main object and real intent of the accused was to get money and the representations made were merely the means to that end which does not mean that the prohibited act was done with the intent, that the minor should be used for an “unlawful and immoral purpose.”
. The mischief aimed at by Sections 372 and 373 IPC was traffic in female minors for purposes of “prostitution”. that is, in its perfectly well-understood sense, “or for any unlawful and immoral purpose”. of a like description.
33. It is quite painful to note that mother of the newly born baby could not be located or arrested and it may be that the appellant could be appropriately prosecuted for conniving with that un-married mother in abandoning the child. But that was not the charge against the appellant.
34. In view of the forgoing discussion, appeal is allowed and the judgment of conviction passed against the appellant by the trial Court is set aside as a result of which, she would stand acquitted. The appellant be set at liberty forthwith if not required in any other case. April 29, 2014 ( R.P. NAGRATH ) rishu JUDGE Kataria Rishu 2014.04.29 17:28 I attest to the accuracy and integrity of this document