Indian Kanoon - Search engine for Indian Law

8. It is pertinent to note here that although charge sheet was filed only under Sections 420, 120-B, 342, 370 (i) IPC, but a criminal complaint No. 518 of 2018 has been filed under Sections 18/19/19-A/20 of TOHO Act by Dr. Tara Chandra Pant against 14 accused. The present accused Jeevan Raut is one of them.

9. In the present case charge sheet has been filed under Section 370 IPC also.

10. In the year 2013, Section 370 IPC was amended by Act No. 13 of 2013. Section 370 IPC after amendment in the year 2013 reads as under:

11. In the present case, the alleged "human trafficking" involves a trafficking of more than one person where punishment can be extended to life imprisonment, and consequently it becomes an offence triable by a Sessions court.

12. Section 370 IPC as it now stands amended has already been quoted above. It defines "human trafficking"

and the punishment of the offence carries with it. The scope of Section 370 IPC is extremely wide. This offence is committed for the purpose of exploitation of a person or persons.

13. Though the above explanation to Section 370 IPC includes "forced removal of organs", yet when one examines in totality the broad expression of "human trafficking" under Section 370 IPC, and the limited and focused area of TOHO Act, I would come to the conclusion that the two provisions occupy two different fields.

14. Section 4 of the Criminal Procedure Code lays down very clearly that all offences under the Indian Penal Code have to be investigated, inquired, tried and dealt with the procedure given under the Code of Criminal Procedure. All other offences under a different or special law have to be investigated, inquired, tried and dealt with under the special procedure prescribed under that law. Section 4 of the Criminal Procedure Code reads as under:-

25. Section 370 IPC, inter alia, prescribes a punishment when a man harbours or transports a person with intention of removing his organs. Penal provisions under TOHO Act are subsequently focused on the violation of the regulatory mechanism.

26. The main allegation against the accused is that he has played the active role to remove the kidneys of various persons alongwith co-accused Amit Raut. The present accused is the real brother of accused Dr. Amit Raut.

27. During the course of investigation Ms. Mamta Rana who was the staff member of the said hospital, clearly stated that the accused Jeevan Raut was the part of the operation team. Deepak Thomus, who was the main nurse in the hospital, clearly stated that during the operation accused Jeevan Raut always used to present in the operation theatre.