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2024 Supreme(SC) 775

ABHAY S OKA, AUGUSTINE GEORGE MASIH
Ravinder Kumar – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Vineet Bhagat, AOR Mr. Kewal Singh, Adv. Mrs. Manju Bhagat, Adv. Mrs. Archna Midha, Adv. Mr. Shivam Vashisht, Adv.
For the Respondent(s): Mr. Deepak Thukral, A.A.G. Mr. Samar Vijay Singh, AOR Mr. Amit Ojha, Adv. Ms. Sabarni Som, Adv. Mr. Fateh Singh, Adv.

JUDGMENT :

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. The appellant claims that he has been practising as a general Physician since 2001 and as a Radiologist since 2007. On 27th April 2017, a team comprising four officers raided the appellant's clinic. Based on the complaint against one woman, Dhanpati (accused no.1), that she is running a racket of sex determination and medical termination of pregnancy, a decoy patient was selected. The allegation is that Dhanpati was contracted to do the medical termination of the pregnancy of the decoy patient. The decoy patient and shadow witness, S.I. Usha Rani, informed Dhanpati that they knew the sex of the foetus. Dhanpati called the decoy patient on 27th April 2017 at 8 am for MTP. The shadow witness informed Dhanpati that family members of the decoy patient were suggesting reconfirming the sex of the foetus through ultrasound. Dhanpati called the shadow witness on 27th April 2017 at 7 am and stated that the Doctor who would perform the ultrasound would charge Rs.20,000/- but ultimately, she fixed the deal at Rs.15,000/-.

2. Accordingly, the decoy patient was given a sum of Rs.15,000/-. The members of the search party, along with the police staff as

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