Ownership of a medical facility does not imply criminal liability for actions taken by others without sufficient evidence linking the owner to the alleged offences.

JUDGMENT :

(URMILA JOSHI-PHALKE, J.)

1. By this petition the applicant has challenged the order dated 14.2.2023, passed by the Special Judge, Wardha, below Exhibit-60 rejecting the discharge application filed under Section 227 of the Code of Criminal Procedure in Special Case No.36/2022.

2. Brief facts which are necessary to dispose of the present revision application are as under :

The applicant is a Medical Practitioner but due to old age she has stopped her practice since 10 to 11 years. She is prosecuted as offence is registered at Arvi Police Station against her and seven other accused under Sections 376(3), 376(2)(n), 312 and 313, 315, 341, 201 and 506 read with Section 34 of the Indian Penal Code and under Sections 4,6 and 21 of the Protection of Children from Sexual Offences Act, 2012. After completion of investigation charge-sheet is submitted and case is numbered as Special Case No.36/2022.

3. As per the allegations on 1.1.2022 the minor daughter of the complainant complained of stomachache, but she has not taken her in the hospital. On the next day again victim made a similar complaint, therefore, the informant mother has taken her to the private hospital of Dr. Gulhane, wherein it was revealed that minor daughter of complainant is pregnant of five months. It further revealed child in conflict with law subjected her for forceful sexual assault when she had been to answer the nature’s call and thereafter repeatedly on multiple occasions. On 3.1.2022 co-accused Kishor and Nalu took the victim to Dr. Rekha Kadam, who is daughter in law of the present applicant for aborting the child. Dr. Rekha Kadam admitted the child and gave her medicine which led to termination a pregnancy. As the applicant is the owner of Kadam Hospital and the Nursing Centre, she was made an accused.

4. The present applicant filed an application under Section 227 of Code of Criminal Procedure for discharge contending that she is the owner of medical termination of pregnancy centre situated at Kadam Hospital and the same is registered in her name. However, now her son Neeraj Kadam and daughter in law Dr. Rekha Kadam are looking after the said Centre. Now she is not practicing and except her ownership of the Hospital she is not concerned with the alleged offence. The allegation of causing miscarriage or abortion is against co-accused Dr. Rekha Kadam. None of the statements discloses that either present applicant is visiting the Hospital or looking after the affairs of the Hospital no offence is made out against her. As far as the offence under Sections 376(3), 376(2)(n), 341 of the Indian Penal Code and under Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 are not attracted against her. The offence punishable under Section 312 is regarding causing miscarriage. Section 313 is causing miscarriage without woman’s consent and Section 315 relates to act done with intent to prevent child being born alive or to cause it to die after birth. None of these offences are attracted against her as none of the witnesses have stated that the present applicant has caused any miscarriage or abortion. As far as the offence under Sections 201 and 506 are concerned are also not applicable as there is no single allegation against her. None of the witnesses have stated that either the present applicant was present at the time of miscarriage or having any knowledge of the admission of the victim at the centre or causing miscarriage to her. The statements of the employees of the Hospital also nowhere reflect that either applicant is practicing or aware of any of the activities. Even offence under Section 21 is also not made out against her as none of the statements discloses that though she was aware about the fact of sexual assault on victim she has not reported the said incident to the Police. Thus, for all above grounds, as no prima facie case is made out against the present applicant, she be discharged from the charges.

5. Said grounds raised in the p