Uttar Pradesh man forced to 'sell' son for hospital fee, 5 arrested
Kushinagar (UP) (PTI): A man was allegedly compelled to "sell" his three-year-old son to secure his wife and newborn child's "release" from a private hospital after he was unable to pay its fee, officials said.
The incident sparked outrage and prompted swift action from authorities after they were informed, with police arresting five people on Saturday including a couple who took the child.
Harish Patel, a resident of Barwa Patti, had sought medical care at the hospital for his wife's delivery, police said. According to locals, it was the sixth child of Patel, who is a daily wager.
However, when he was unable to immediately pay the hospital fee, the mother and the newborn were not allowed to leave by the hospital staff. In his desperation, the father agreed to sell his three-year-old son under a fraudulent adoption deed for a few thousand rupees on Friday, the police said.
Upon learning of the incident, police launched an investigation and arrested five individuals involved in the crime including the alleged middleman Amresh Yadav, the "adoptive parents" Bhola Yadav and his wife Kalawati, a fake doctor Tara Kushwaha, and a helper at the hospital Suganti, Superintendent of Police Santosh Kumar Mishra said.
A police constable, who allegedly failed to take action in the case, has also been taken off active duty and sent to police lines by the SP.
"The child was safely rescued and returned to his parents," the officer added.
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Broken relationships don't automatically amount to abetment of suicide: SC
New Delhi (PTI): Broken relationships, while emotionally distressing, do not automatically amount to abetment of suicide in the absence of intention leading to the criminal offence, the Supreme Court on Friday said.
The observations came from a bench of Justices Pankaj Mithal and Ujjal Bhuyan in a judgement, which overturned the conviction of one Kamaruddin Dastagir Sanadi by the Karnataka High Court for the offences of cheating and abetment of suicide under the IPC.
"This is a case of a broken relationship, not criminal conduct," the judgment said.
Sanadi was initially charged under Sections 417 (cheating), 306 (abetment of suicide), and 376 (rape) of the IPC.
While the trial court acquitted him of all the charges, the Karnataka High Court, on the state's appeal, convicted him of cheating and abetment of suicide, sentencing him to five years imprisonment and imposing Rs 25,000 in fine.
According to the FIR registered at the mother's instance, her 21-year-old daughter was in love with the accused for the past eight years and died by suicide in August, 2007, after he refused to keep his promise to marry.
Writing a 17-page judgement, Justice Mithal analysed the two dying declarations of the woman and noted that neither was there any allegation of a physical relationship between the couple nor there was any intentional act leading to the suicide.
The judgement therefore underlined broken relationships were emotionally distressing, but did not automatically amount to criminal offences.
"Even in cases where the victim dies by suicide, which may be as a result of cruelty meted out to her, the courts have always held that discord and differences in domestic life are quite common in society and that the commission of such an offence largely depends upon the mental state of the victim," said the apex court.
The court further said, "Surely, until and unless some guilty intention on the part of the accused is established, it is ordinarily not possible to convict him for an offence under Section 306 IPC.”
The judgement said there was no evidence to suggest that the man instigated or provoked the woman to die by suicide and underscored a mere refusal to marry, even after a long relationship, did not constitute abetment.
