Justice A Badharudeen went though the prosecution records, witness statements and the records collected during the investigation and concluded that prima face there was strong evidence against the accused.
“It could be gathered, prima facie, that the 1st accused videographed the cesarean procedure in between 11.13 hours and 11.16 hours on 18.07.2014 and the 2nd accused also took 19 photographs of the cesarean procedure and sent the same to CW17 through WhatsApp. That apart, the WhatsApp videographs and photographs of the cesarean procedure sent by the accused were collected during investigation to justify the involvement of the petitioners in this crime, prima facie. Thus the matter shall go for trial, and, therefore, the quashment sought for cannot be considered. In such a case, involving very serious offences, quashment of the proceedings could not be resorted to,” the Court said in its order.
Source: Barandbench
