Srinagar : A court here has discharged six accused persons, four of whom for selling a neonate, and two others, an issueless couple, for buying the male infant against the consideration amount of Rs 70000 in 2018.
The defense counsel for the accused persons submitted during the course of arguments that there is no material on
record to prima facie suggest the commission of any offence muchless the
offence for which the charge-sheet has been presented against the accused persons. The counsel for the accused persons submitted that the material relied upon by the prosecution simply entailed discharge of the accused
persons as there is no ground for proceeding against the accused persons.
Principal District and Sessions Judge Srinagar Jawad Ahmad after hearing the arguments of prosecution as well as the defense counsels found the material placed on record by the prosecution does not “prima facie” reveal the commission of offence punishable under Section 370 RPC (trafficking of person) for which the charge-sheet was produced against the accused persons on 3 December 2018.
Otherwise also, the court said, there appears no ground to proceed against the accused persons
“…..the accused persons are discharged in this case. They shall stand relieved of their bail and personal bonds,” the court said after hearing defense counsels for the accused including advocate Mohammed Abdullah Pandith, representing four accused and advocate Mustahsun Mattu for the accused issueless couple.
Among others, the counsel for issueless couple, as per GNS, had argued the child will also grow considerably and will definitely come to know by the pendency of the charge-sheet and the circumstances in which he is with the alleged accused couple, who are otherwise taking best care of the child as they are themselves issueless. Once the child would have an inkling about these circumstances, it can prove disastrous for the emotional wellbeing of the child, leading him to the feelings of confusion, identity cries and sense of betrayal, affecting his self esteem, the counsel argued.
According to the prosecution case, a woman had begotten a male baby in a private hospital here and she along with her husband sold the neonate to the issueless couple from Jammu through a broker woman and Security Guard at government Hospital here for a consideration amount of Rs 70,000.
Out of the total consideration amount, the prosecution had said that Rs 5000 were kept by the conduits (broker and the security guard) and the rest of the money was paid to the woman and her husband.
