New Delhi: A doctor, accused of conducting
the abortion of a woman without her consent, has been
acquitted by a Delhi court for want of evidence as she was
unconscious during the termination of her pregnancy and was
unable to identify the gynaecologist involved.
Additional Sessions Judge Ramesh Kumar acquitted Dr
Poonam Sadana who was charged under section 313 (causing
miscarriage without woman's consent) of the IPC which entails
a maximum punishment life imprisonment.
Passing the judgement, the judge referred to the
statement made by the woman before the court in which she was
unable to recall the name of the hospital and she also "could
not identify the doctor who conducted her abortion since she
was unconscious".
"I am of the considered view that the prosecutrix has
failed to identify the accused. The prosecutrix has also
failed to give the name of the hospital of the said doctor.
She gave the name of the hospital as Shradanand Clinic in
place of Sadana Clinic," the judge said.
"Since, there is nothing on the record file against the
doctor as well as her clinic, the accused, doctor, deserves
acquittal. Accordingly, the accused is hereby acquitted for
the offence punishable under section 313 of IPC," he added.
The woman, a Delhi resident, had told the court that she
was pregnant in June 2010 and was taken to a hospital by her
family members where abortion was conducted without taking her
consent.
The court said the trial against the other accused can,
however, proceed but since there was no evidence against the
doctor, she could be acquitted.
It, however, said, "she (the doctor) can at a later
stage, be called as a witness for the prosecution as well as
for defence, if the need so arises".
PTI
First Published: Friday, February 03, 2012, 20:35