JUDGMENT

S.K. Sahoo, J.—A doctor sometimes assumes the role of a creator, a healer of the sufferings and a saviour of life. He is adored as he understands his responsibility and attempts to bring back smile on the face of the patient with all the ability at his command. Hippocrates said, “Whenever a doctor cannot do good, he must be kept from doing harm”. Here is the case of an unfortunate victim who consciously chooses to be a mother on assurance of marriage by her lover and expecting her dream of possibilities coming to realities. When the unborn was anxiously waiting in her womb to see the new world, to touch the warm skin of mother with his little fingers, the doctor succumbed to the dirty tricks played by the lover, assumed the role of a destroyer and stopped the movement of life within womb even without the knowledge and consent of the victim making her frozen, broken and shattered.

In case of Dr Jacob George v. State of Kerala reported in (1994) 3 Supreme Court Cases 430, it is held as follows:-

“1. Life is said to be the most sublime creation of God. It is this belief and conception which lies at the root of the arguments, and forceful at that, by many religious denominati