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2023 Supreme(Bom) 2207

S. G. MEHARE
Tukaram – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Rajendra Deshmukh, Advocate, Shriram V.Deshmukh, Advocate, V.M.Maney, Advocate, S.B.Narwade, Advocate

JUDGMENT/ORDER

1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

2. The petitioner has impugned the judgments and orders of conviction passed by the learned Judicial Magistrate First Class, Washi, District Osmanabad in R.C.C. No.30 of 2011, decided on 12/1/2016 and confirmed by the learned Additional Sessions Judge-1, Bhoom, by judgment and order in Criminal Appeal No.03 of 2016 dtd. 30/11/2021.

3. The petitioner has been convicted for the offence punishable under Sec. 23 of the Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (For short 'Act 1994') r/w Rule 9(4) of the Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 (For short 'Rules 1996').

4. The facts giving rise to the prosecution case were that the petitioner was the medical practitioner and owner of Hospital and Genetic Clinic, under the name and style 'Bhagwant Hospital' at Washi. The petitioner was BHMS. He obtained a Certificate of Registration to run a Genetic Clinic for pre-natal diagnostic procedures for Ultrasound on 10.05. 2002 from Civil Surgeon, General Hospital, Parbhani for five years. Thereafter,

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