Case Note & Summary
The case involves three criminal revision applications filed by Dr. Kirtikumar Sankleshwar Trivedi, Dr. Gauri Prakash Sultane, and Dr. Heta Deepak Kenia against an order dated 25.05.2023 passed by the Additional Sessions Judge rejecting their discharge applications in Sessions Case No. 579 of 2011. The background pertains to the death of a minor girl who was allegedly subjected to egg donation procedures at Rotunda hospital on three occasions: 22.10.2009, 15.02.2010, and 07.08.2010. The victim, a minor working in a scrap godown, went missing on 07.08.2010 and was brought back on 09.08.2010, after which she complained of abdominal pain and eventually died on 10.08.2010. Postmortem revealed multiple injuries and injection marks. Investigation disclosed that the victim had undergone egg removal procedures, and the applicants, who were visiting doctors (gynaecologist and anaesthesiologist) at Rotunda hospital, were implicated. The applicants sought discharge under Section 227 Cr.P.C., arguing that there was no evidence linking them to the last procedure on 07.08.2010, and that the medical committee opined no medical negligence. The prosecution opposed, citing the seriousness of the crime and evidence of the victim's age below 18 years. The court analyzed the record and found that the applicants were not owners of the hospital, there was documentary evidence showing the victim's age as 20 years at admission, and no allegation that the applicants prepared such documents. The medical committee from Grant Medical College opined that it was not a case of medical negligence. Additionally, Dr. Kadam, a co-accused gynaecologist involved in the first procedure, had been discharged by the Trial Court, and that order was unchallenged. The court held that there was no sufficient ground to proceed against the applicants, and on parity with Dr. Kadam, they were entitled to discharge. The impugned order was set aside, and the Trial Court was directed to pass a formal order discharging the applicants.
Headnote
A) Criminal Procedure - Discharge under Section 227 Cr.P.C. - Sufficient Ground for Proceeding - The court must consider the record and documents; if no sufficient ground exists, the accused shall be discharged. In this case, the applicants were visiting doctors, not owners of the hospital, and there was no evidence that they prepared documents showing the victim's age as major. The medical committee opined no medical negligence. Held that there was no sufficient ground to proceed against the applicants (Paras 7-9). B) Medical Negligence - Egg Donation Procedure - Cause of Death - The committee of doctors from Grant Medical College opined that it was not a case of medical negligence and no evidence of anaesthetic complications or trauma to internal organs causing death. The victim was discharged and followed up as per routine. Held that the applicants cannot be held responsible for the admission of an underaged patient or for medical negligence resulting in death (Para 8). C) Criminal Procedure - Parity in Discharge - Co-accused Discharged - Dr. Kadam, a gynaecologist who performed a procedure on 22.10.2009, was discharged by the Trial Court, and that order attained finality. The role of the present applicants was indistinguishable from Dr. Kadam's. Held that the applicants are entitled to discharge on parity (Para 9).
Issue of Consideration
Whether the applicants, being visiting doctors (gynaecologist and anaesthesiologist) at Rotunda hospital, are entitled to be discharged under Section 227 of Cr.P.C. for lack of sufficient ground to proceed against them in connection with the death of a minor girl who underwent egg donation procedures.
Final Decision
The Criminal Revision Applications are allowed. The impugned order dated 25.05.2023 is set aside. The learned Trial Court is directed to pass a formal order discharging the applicants from Sessions Case No. 579 of 2011.
Law Points
- Discharge under Section 227 Cr.P.C.
- Sufficient ground for proceeding
- Medical negligence
- Parity in criminal proceedings
- Role of visiting doctors
