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SWARANA KANTA SHARMA
Nabal Thakur (in J. C. ) – Appellant
Versus
State – Respondent
JUDGMENT
Index to the Judgment
Facts Of The Case
Submissions Of The Applicant And The State
Analysis And Findings
Concern Of The Court
i. Negligence On The Part Of Doctor Resulting In Loss Of Crucial Piece Of Evidence
ii. Duty Of The Doctors To Take Precautions In Cases Of Medical Termination Of Pregnancy Of Sexual Assault Victims
iii. Directions
Swarana Kanta Sharma, J. The instant application under Section 439 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of applicant seeking regular bail in case FIR bearing no. 472/2020, registered at Police Station Kirti Nagar, Delhi for the offence punishable under Section 363 of the Indian Penal Code, 1860 (`IPC').
FACTS OF THE CASE
2. Briefly stated, the facts of the present case are that the father of prosecutrix had lodged a complaint with the police, whereby he had stated that upon returning home on 24.11.2020 at 1:30 PM, he had found that his daughter had gone missing. Thereafter, about two months later, the father of prosecutrix had produced her daughter i.e. prosecutrix before the investigating officer on 30.01.2021, after which, medical examination of prosecutrix was conducted at DDU Hospital, Hari Nagar. During
The main legal point established in the judgment is the duty of doctors to take precautions in cases of medical termination of pregnancy of sexual assault victims and the importance of preserving cru....
(1) Bail cannot be granted to applicant on grounds of parity. (2) Rape – When a minor seeks medical termination of pregnancy, doctors must ensure that process is conducted in compliance with prevaili....
The central legal point established in the judgment is the eligibility for medical termination of pregnancy of a minor victim of sexual assault under the statutory framework of the Medical Terminatio....
The main legal point established is that the accused doctor's actions in not carrying out the termination of pregnancy were a key factor in the court's decision to grant bail.
Reproductive choice, including the termination of an unwanted pregnancy arising from sexual assault, is an essential component of personal liberty and bodily integrity. Mental trauma caused by such p....
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