A doctor of a Government hospital who languished behind bar for more than six months for no fault of his has got a respite from the Orissa High Court. In a landmark judgment, Justice SK Panigrahi has held that the case of the doctor is meritorious in nature and deserves to be enlarged on bail on the facts and circumstances of the peculiar case as he had discharged his duties on good faith.
While allowing a petition for bail, the High Court has directed Additional District and Sessions Judge, Sundargarh to release the doctor on such terms and conditions as deemed just and proper. However, the court clarified that without being influenced by the observations in present judgment, the trial court shall proceed to arrive at its own conclusion as per law.
Dr Debasis Ghosh knocked the door of justice who was arrested and thrown in prison as an under trial on the charge of illegal Medical Termination of Pregnancy (MTP) of a minor girl. The 13 years old victim has specifically alleged that one of her boyfriends and stepfather were instrumental in making her pregnant. After she was rescued by the Biramitrapur Police, the MTP was performed on June 15 last at the Biramitrapur CHC. Thereafter the victim alleged before the child welfare committee that two police men of Biramitrapur police station including the IIC had kept physical relationship with her.
Basing upon the FIR of the District Child Protection Officer of Sundargarh a police case was registered which was subsequently handed over to the Crime Branch. In this backdrop Dr Ghosh was arrested and forwarded to court on July 7 under different sections of IPC, POCSO, MTP and SC-ST (PA) Acts.
From the case record it is revealed that the destitute minor girl was rescued by the IIC from Biramitrapur bus stand area where she was wandering alone. The victim told the police that her parents were staying in Delhi working as labourers and she did not want to go to her relatives' house as her stepfather had raped her.
The police sent requisition to Biramitrapur CHC for medical investigation and MTP of the victim. A lady police constable was also sent to the hospital in police vehicle along with the victim girl. In this backdrop Dr Ghosh in good faith conducted MTP on the next day of admission.
As the duration of pregnancy was around 45days as per medical test, in good faith doctor in charge conducted MTP to save life and dignity of victim.The matter was inquired by an internal committee headed by CDMO, Sundargarh which in its report had stated that there was neither any irregularity nor any illegality in conducting such MTP. However on basis of FIR of the CWC, Dr Ghosh was arrested and his petition for bail was earlier rejected by Additional District Judge, Sundargarh.