Back
W. DIENGDOH
Grikjang Sunny R. Marak – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. Matter is taken up via video conferencing.
2. This is an application u/s 439 Cr.PC filed by the Petitioner herein on behalf of Dr. Bolen S. R. Marak accused person in Baghmara Women PS Case No. 14(8)2021 u/s 376(2)(f)(n)/365/312/325/201 IPC r/w Section 5(j)(ii)(1)(n) POCSO Act, section 23 Pre-Conception and Natal Diagnostic Technique Prohibition of Sex Selection Act, 1994 and Section 5(3) of the Medical Termination of Pregnancy Act, 1971 with a prayer for grant of bail to the accused person.
3. The Petitioner has stated that his brother Dr. Bolen S.R. Marak who has recently joined as a Sr. Specialist in the District Maternal Child Health Hospital, Tura was arrested from his clinic on 13.08.2021 and was produced before the learned Spl. Judge (POCSO) Baghmara, South Garo Hills District on 14.08.2021 and thereafter, he was forwarded to judicial custody. However, he is presently hospitalized at the Baghmara Civil Hospital since 15.08.2021.
4. The factual aspect of this matter as could be understood from the instant application and the materials on record gathered from the case diary which was produced before this Court is that the accused is running a clinic known as ‘Life Care
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.
(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 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....
The court established that a prima facie case must be supported by specific evidence linking the accused to the alleged offenses, particularly in cases involving serious allegations under the PCPNDT ....
Medical practitioners cannot be held liable under the POCSO Act without substantial evidence proving knowledge of the victim's age and alleged crimes. Quashing of FIR emphasizes protection against fa....
The main legal point established in the judgment is the grant of pre-arrest bail to the petitioner based on her alleged involvement in the case and the conditions of the bail under Section 438(2) of ....
It is high time for society to preserve sanctity of medical profession and to uphold dignity of Doctors to ensure continued provision of exceptional care, innovation and dedication to saving lives.
A doctor cannot be held criminally liable under the POCSO Act for failing to report a minor's pregnancy if the victim misrepresents her age as 18 years, and mere suspicion is insufficient for prosecu....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
