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IN THE HIGH COURT AT CALCUTTA
TIRTHANKAR GHOSH
Pritha Dutta – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Tirthankar Ghosh, J.
The three revisional applications have been preferred challenging the proceedings arising out of Alipore Police Station Case No. 46 of 2014 dated 06.03.2014 under Section 304A/34 of the Indian Penal Code.
2. The genesis of the present case was on the basis of a letter of complaint forwarded by Somraj Sen husband of the deceased Dr. Arunima Ghosh @ Sen addressed to the Officer-in-Charge, Alipore Police Station. The allegations made in the letter of complaint were to the effect that Dr. Arunima Ghosh @ Sen aged about 31 years was suffering from acute abdominal pain for the last 1½ years. The complainant along with his deceased wife approached Dr. Samir Roy practicing at Nightangle Hospital, Shakespeare Sarani Kolkata and she was under his treatment from the said period and was advised by the doctor to go for a D&C and Laparoscopic Dye Test under a gynaecologist at Kothari Medical Centre on 05.03.2014. At about 8:30 A.M. on 05.03.2014 the complainant’s wife got admitted at the Hospital for the said test. The doctor entered the O.T. at about 09:35 A.M. and subsequently initiated the test, immediately after 20 minutes, the doctor came out and informed the co
Medical negligence accusations must be substantiated by clear evidence; mere allegations, without expert consensus on negligence, are insufficient for criminal liability.
Medical negligence requires substantial expert evidence to warrant prosecution; mere allegations without solid proof are insufficient.
A negative final report does not bar further investigation and prosecution in cases of medical negligence requires substantial expert evidence.
Criminal negligence in medical cases requires a higher degree of negligence than civil liability; sufficient prima facie evidence can justify prosecution without expert testimony.
Criminal liability under IPC 304-A for medical negligence requires prima facie gross negligence by ordinary competent doctor standard; no prosecution without material proving rash act, as simple erro....
Criminal liability for medical negligence requires proof of a higher degree of negligence than mere error of judgment, as established in Jacob Mathew v. State of Punjab.
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