R.P.NAGRATH, J. - (1.) 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 Rs. 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: - 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 Rs. 80,000/ -. PW -5 prepared a packet of blank sheets placing one genuine currency note of Rs. 1000/ - each at the top and bottom to look like the total currency of Rs. 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 Rs. 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 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 Rs. 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. 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.
(3.) 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.;