The Hindu : Other States / Punjab News : Court rejects biological parents' plea in child swapping case

Online edition of India's National Newspaper
Friday, Oct 15, 2004

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Other States - Punjab

Court rejects biological parents' plea in child swapping case

AMRITSAR, OCT. 14. A local court today rejected the interim application of a couple seeking immediate custody of a four-year-old boy, who has allegedly been swapped from the nursing home at the time of his birth, following DNA report in their favour.

The Chief Judicial Magistrate, Harpreet Kaur Randhawa, rejected the application of Harish and his wife Manju who claimed to be the biological parents of the child Amarpartap Singh. They prayed the court to order to hand over the child to them.

The magistrate held that although the report of the DNA test establishing parenthood had been received by the court, its evidentiary value will be considered by the court at the time of final disposal of the case.

The court has also fixed October 21 for recording evidences for the final disposal of the case.

Manju had given birth to a child on July 1,2000 in a private nursing home owned by accused Ramesh Rani. Manju who reportedly fell unconscious during delivery was told by the nursing home staff that she had delivered a baby girl. The child Muskan, handed over to her by the nursing home, is being brought up by the couple since then.

However, about two and a half years ago local police had arrested Ramesh Rani for her alleged involvement in swapping babies at her nursing home. Harish and Manju, who were suspecting that the child being brought up by them was not theirs, also approached the police.

According to Police, the accused Ramesh Rani had confessed during the course of interrogation that Manju had given birth to a male child who had been sold to one Sukhwinder Singh and his wife Ranjit Kaur of nearby Rapur for Rs. 4 lakhs.

During the course of hearing, the court had ordered the DNA test and the report of the same had been received.

On the basis of DNA report, the prosecution had argued that the test had established that four year old Amarpratap Singh was born to Manju and Harish and the child should be handed over to his biological parents.

However, the defence counsel had said that Sukhwinder Singh and Ranjit Kaur had brought up the child and hence he could not be separated from them.

CJM Ms. Randhawa has held "report of DNA has no doubt been received in the court but at this stage of the case it is a piece of evidence and its evidentiary value shall be considered by this court at the time of final disposal of the case".

The judge held that mere DNA report could not be considered the sole basis of the final conclusion of the case. Moreover, the DNA report was yet to be proved on the file, the judge observed.

UNI

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Court rejects biological parents' plea in child swapping case