A local court acquitted seven persons, including a doctor, of cheating charges in an illegal kidney transplant racket as the prosecution was unable to establish its case at the district courts in Mohali. The seven accused — Manju Pandey, Amitabh, Sachin alias Faggu, Archana Goyal (kidney receiver), her brother Sandeep Goyal, Jashnjit Singh and Dr Arjinder Singh Bains, owner of Surya Kidney Transplant Centre — were given a clean chit by the court, while another accused was held guilty on his confessional statement.
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Abhishek, a resident of Pinjore, was held guilty on November 28, 2014 after he made a confessional statement before the then chief judicial magistrate (CJM). The then CJM had mentioned in the orders that when he was holding a camp in the district jail Mohali Abhishek moved an application for taking up the case as he wanted to confess to his crime. He was convicted and the court said the convict has already undergone the sentence.
Ikramudeen, the complainant, had stated to the senior superintendent of police (SSP), Mohali in 2011 that he was told that a vein would be removed from his body and he would be offered Rs 2 lakh for the minor surgery. He claimed that he got carried away by the offer and came to village Khuda Lahora and was introduced by his friend Shakeel to Amitabh Pandey. However, after the surgery, Ikramudeen stated that he saw he had 13 stitches and realised that it was not a minor surgery. He was given Rs 1 lakh. On reaching his hometown, he felt pain in his stomach and found out that his kidney had been removed. He further alleged that the documents were forged, and he was portrayed as Archana Goel’s (the receiver of the kidney) brother as the surgery is conducted between relatives only.
A SIT was constituted in the case, which filed its report on May 3, 2012 on the basis of which an FIR was registered on May 7, 2012. Dr Arjinder Singh Bains was a prosecution witness in the case, but on the statement of the complainant in the court a supplementary challan was submitted and Dr Bains was accused in the case. The complainant did not depose before the court subsequently.
The court had framed charges in the case on April 9, 2014, stating that Dr Bains had entered into a criminal conspiracy to forge the documents for the purpose of kidney transplantation of the complainant by showing the complainant, a Muslim boy, as the brother of Archana, a Hindu lady, and used the said documents for the purpose of cheating the complainant Ikramudeen.
They were booked for cheating, criminal conspiracy, cheating by impersonation, forgery and forgery for purpose of cheating. The court had not framed charges against any accused under the Transplantation of Human Organs Act (TOHO), 1994