S.Somasundaram @ Somu (A-8) vs State By
2023 Latest Caselaw 9855 Mad

                                                              Crl.RC. Nos.1288, 1383 & 1278 of 2023



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    Dated : 08.08.2023

                                                     CORAM :

                                  THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN

                                        Crl.RC. Nos.1288, 1383 & 1278 of 2023

                     1.S.Somasundaram @ Somu (A-8)

                     2.Malaysian Social Services (A-10)
                       Rep. by its President, Smt. Vatsala
                                                                         .. Petitioner in all Cases
                                                        Vs.
                     State by:
                     Inspector of Police,
                     Central Bureau of Investigation (CBI),
                     Anti-Corruption Branch,
                     Chennai.
                                                                        ..Respondent in all cases

COMMON PRAYER : Criminal Revision Petitions have been filed under sections 397 & 401 of Criminal Procedure Code to set aside the conviction and sentence passed against the Petitioners in Crl.A. Nos.131, 132 & 111 of 2019, dated 25.04.2023 on the file of the IV Additional Sessions, Chennai confirming the judgment in C.C. Nos.24, 25 & 26 of 2010 dated 12.02.2019 passed by the Additional Chief Metropolitan Magistrate, Egmore, Chennai.

https://www.mhc.tn.gov.in/judis Crl.RC. Nos.1288, 1383 & 1278 of 2023

For Petitioners : Mr.S.Santhanakrishnan For Respondent : Mr.K.Srinivasan, Special Public Prosecutor (CBI)

COMMON ORDER These three Revision Petitions are directed against concurrent

findings of the Courts below held the Revision Petitioners guilty of

offence under Sections 120-B, 419, 468 r/w 471 IPC.

2. This is a case of kidnapping of three minor children for giving

adoption to childless couples in foreign. Malaysian Social Services

(shortly known as 'MSS') is an organization for taking abandoned

children and give them for adoption to foreign couples. They are

supposed to follow the procedures laid under the Central Adoption

Resource Agency (CARA) guidelines. However to keep their business

profitable, they have engaged agents who could kidnap children and

create fake documents as if they are abandoned or their biological parents

are ready to give adoption.

3. In the said process, Revision Petitioner S.Somasundaram @

Somu who is an associate to the MSS organization, had monitored the

kidnapping of hapless children and made fake documents of surrender

https://www.mhc.tn.gov.in/judis Crl.RC. Nos.1288, 1383 & 1278 of 2023

certificate, took the children to pediatrician Doctor to get health

certificate and also created affidavit in the non-judicial stamp paper to

make the process of adoption in compliance with CARA guidelines.

4. The crime came into light when a Writ Petition filed before this

Court alleging that children are illegally given in adoption to foreign

parents floating CARA guidelines. A Division Bench of this Court vide

order dated 04.09.2007 in a batch of HCP directed CBI, Southern Zone,

to investigate whether any fraud committed on the Court by way of

impersonation or by creating false and fabricated documents and to file

final report. As a consequence, CBI had conducted investigation, filed

three final reports wherein, the first petitioner and the 2nd petitioner are

arrayed as accused. These three final reports were taken up for trial in

C.C. Nos.24 of 2010, 25 of 2010 and 26 of 2010. It is suffice to states

that in all the three cases, the petitioners were found guilty and

convicted.

5. The modus operandi in all these cases are one and the same. 15

days old infant born to Saidabanu @ Jabin (mother) was named as

'Sundari' and handed over to MSS organization/the second petitioner.

https://www.mhc.tn.gov.in/judis Crl.RC. Nos.1288, 1383 & 1278 of 2023

The first petitioner created forged surrender deed for the child and then

the child was given adoption to one Mr.Martin Willet Bridgestock and

Mrs.Vicki Le Anne Bridgestock, a citizen of Australia, taking

Rs.2,57,024/- as donation. It is a subject matter of C.C. No.24 of 2010.

6. On 18.02.1999, a male child by name Subash, aged about one

year nine months playing in front of his house was kidnapped and

brought in the house of one Varadarajan, who turned as approver. A

surrender certificate was prepared in the name of Noorjahan and the first

petitioner Somasundaram @ Somu has signed in the surrender deed as

Noorjahan. He prepared fake documents and got necessary orders from

the Court by assigning a new name to the child as 'Asraf' and given in

adoption to Mr.Mathew Manthe and Ruthe Manthe of Manitowoc, USA.

This is a subject matter of CC No. 25 of 2010.

7. Likewise another child by name Sathishkumar born to Kathirvel

and Nagarani was kidnapped in the night of 8th March 1999, with a help

of approver Varadharajan, fake records were created by this petitioner

and given in adoption to a foreigner. This is subject matter of C.C. No.26

of 2010.

https://www.mhc.tn.gov.in/judis Crl.RC. Nos.1288, 1383 & 1278 of 2023

8.The petitioner was party to the scheme of conspiracy to do the

illegal act of kidnapping the children and giving them in adoption by

changing their identity of birth and name including parentage. The

second petitioner organization was able to illegally give in adoption of

Indian children to foreigners circumventing the illegal process. The trial

Court held these petitioners and sentences them to undergo sentence of 6

months Simple Imprisonment for offences under Sections 120B, 419, 468

r/w 471 IPC and 1 year Simple Imprisonment for offence under Section

468 r/w 471 IPC with Rs.1000/- fine in default 3 weeks Simple

Imprisonment each for all the three cases and A10/2nd appellant to pay a

fine of Rs.10,000/- each for all the three cases.

9. Being aggrieved by the conviction of the trial Court, appeal

been filed before the Sessions Judge and the Session Judge after giving

thorough scrutiny of the documents has found no merits in the appeal and

confirmed the judgement of the trial Court in Crl.A. Nos.131,132 & 111

of 2019 dated 25.04.2023.

10. The Revision is filed against the concurrent finding of the trial

Court, on the ground that the prosecution is launched on an erroneous

https://www.mhc.tn.gov.in/judis Crl.RC. Nos.1288, 1383 & 1278 of 2023

premises, while the alleged crime being done purportedly by the persons

engaged by the Chairman of MSS organization but he was not prosecuted

and the overt act basically against the other accused and the approver, the

first petitioner Somu who is arrayed as A8 in CC No.24 and 25 and A2 in

C.C. No.26 of 2010 was only a paid employee under the organization and

he is not aware of the alleged fabrication of documents or kidnapping.

11. The learned Special Public Prosecutor appearing for the State

submits that the first petitioner herein been revealed to the kidnapping till

adoption to foreigners. He had forged the surrender certificates as if the

biological parents had surrendered the child to the MSS organization and

agreed to give the child for adoption. He has taken photographs of

children with fake parents and he has taken children to the Doctor to get

health certificate. The affidavits and surrender certificates prepared in

the non-judicial stamp papers are purchased from the stamp vendor

identified as the person who purchased the stamp papers to create fake

documents. For the gravity of the offence, the Courts below had imposed

Rigorous Imprisonment for only one year and also ordered to run

concurrently and therefore there is no perversity or error apparent in the

https://www.mhc.tn.gov.in/judis Crl.RC. Nos.1288, 1383 & 1278 of 2023

order of the Courts below. By way of the Revision, neither the conviction

nor the sentence need be interfered in the light of the gravity of the

offence.

12. This Court after going through the records finds that non

prosecution of the other accused who are equally contributed to the crime

need not be a reason to interfere the conviction of this petitioner who had

actively participated in the crime. The records and evidence placed

before this Court indicates that due to the intervention of the Division

Bench order, the crime which has been prevailing unabatedly had come

to the notice of the law enforcing agency and after sustained

investigation by the CBI, illegal transportation of children across the

border despite stringent guidelines and Rules been going on unabatedly.

13. These three cases which have been tried pursuant to the

direction of this Court and the final report filed by CBI is only a tip of

the iceberg wherein, mafia involved in child trafficking had abused the

legal process by creating fake documents for getting Court orders and

made it apparently a genuine adoption.

https://www.mhc.tn.gov.in/judis Crl.RC. Nos.1288, 1383 & 1278 of 2023

14. In this case, prosecution has proved beyond doubt that these

three children were given in adoption by the 2nd petitioner's organization

were not born to the persons who surrendered the children to this

organization. The surrender certificate itself is a forged document which

has been created by the first petitioner herein and handwriting expert has

identified his specimen signature with the signature found in the

surrender certificates and having actively participated in the crime of

child trafficking. This Court finds no reason to interfere the concurrent

findings of the Courts below for any reason, hence these Revisions

Petitions are dismissed.

08.08.2023 Internet : Yes/No Index: Yes/No

rkp

https://www.mhc.tn.gov.in/judis Crl.RC. Nos.1288, 1383 & 1278 of 2023

To

1. The IV Additional Sessions Judge, Chennai.

2.The Additional Chief Metropolitan Magistrate, Egmore, Chennai.

3. The Inspector of Police, Central Bureau of Investigation (CBI), Anti-Corruption Branch, Chennai.

4.The Public Prosecutor, High Court of Madras, Chennai.

https://www.mhc.tn.gov.in/judis Crl.RC. Nos.1288, 1383 & 1278 of 2023

Dr.G.JAYACHANDRAN, J.

rkp

Crl.RC. Nos.1278, 1288 & 1383 of 2023

08.08.2023

https://www.mhc.tn.gov.in/judis