Bombay High Court
Dr. Purushottam Wamanrao Tayade vs State Of Maharashtra Thr. Pso Ps ... on 23 November, 2020
Author: Pushpa V. Ganediwala
Bench: Pushpa V. Ganediwala
1 2BA1124.2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (BA) NO. 1124 OF 2020
Dr. Purushottam Wamanrao Tayade
Vrs.
State of Maharashtra, thr. P.S.O., P.S. Ramdaspeth, Akola, Tq. & Dist. Akola
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Shri S.P. Dharmadhikari, Senior Advocate with Shri S.V.
Sirpurkar, Adv. for the applicant.
Shri I.J. Damle, APP for the non-applicant / State.
.....
CORAM : PUSHPA V. GANEDIWALA, J.
NOVEMBER 23, 2020.
Heard Shri Dharmadhikari, learned Senior Counsel along with Shri Sirpurkar, learned counsel for the applicant and Shri Damle, learned APP for the non-applicant / State, through Video conferencing.
2. Perused the application and the documents annexed therewith along with affidavit of Dr. Milind M. Chaukhande. I have also perused the case diary.
3. It is stated that the applicant is a Doctor by profession. Since more than 25 years, he is practicing medicine and doing surgery at Akola. The wife of the applicant is also doctor (Gynaecologist).
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4. The informant - Ku. Meena Prabhakar Dhore aged about 33 years, resident of a village Kalori, Tq. Khamgaon, District Buldhana lodged report stating therein that she had been to the applicant's dispensary at 10.00 a.m. on 03/11/2020 with the complaint of abdominal pain since last 2 years. She was advised to undergo sonography test and come with report. She states that her mother and brother had accompanied her. She alleged that during examination the applicant pressed her breast and inserted his finger in the vagina and anus. She further alleged that as the applicant was leaning towards her she slapped him. She came out of the cabin by shouting and informed the fact to her mother and brother. They informed the incident to the Police Station Ramdaspeth, Nagpur. Police registered the offence vide Crime No. 405/2020. The applicant came to be arrested and at present he is in judicial custody.
5. Learned Senior Counsel Shri Dharmadhikari for the applicant drew the attention of this Court to exception to Section 375 of the Indian Penal Code and submitted that the case of the prosecution falls under exception 1 to Section 375 of the Indian Penal Code. Learned Senior Counsel also filed on record affidavit of Dr. Milind Chaukhande on the point that for the complaint of the lower abdominal mass or lower abdominal pain, the Surgeon has to consider an ovarian mass before anything else and to rule out conditions of swelling in Fallopian tube and ovary, Ovarian tumor and cyst and Broad ::: Uploaded on - 23/11/2020 ::: Downloaded on - 25/11/2020 02:50:48 ::: 3 2BA1124.2020.odt ligament cyst, vaginal examination is necessary.
6. The Court and the learned Senior Counsel so also learned APP are not experts in the medical field. Considering the seriousness of the allegations and the other attending circumstances i.e. absence of female / nurse in the cabin during examination, CCTV footage of bolting the cabin door inside by sending mother and brother of the patient outside the cabin, statements of witnesses etc. in the opinion of this Court, opinion of the Dean, Government Medical College, Nagpur would be helpful with respect to the allegations in the First Information Report and the necessity of medical procedure or intervention for the treatment of the complaint of abdominal pain.
7. Therefore, the Dean of Government Medical College, Nagpur is requested to study the case papers along with the affidavit of Dr. Milind Chaukhande and other literature filed on record on behalf of the applicant and give his Expert opinion about the issue involved in this case.
8. The Dean of Government Medical College, Nagpur is at liberty to take assistance of Head of the Surgical Department and / or Obstetrics and Gynaecology Department, Government Medical College, Nagpur and submits his confidential report on or before 10.30 a.m. 26/11/2020 in a sealed cover, strictly to be handed over to the Registrar (Judicial) of this Court.
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9. Learned Additional Public Prosecutor to forward all requisite case papers as above along with the copy of this order to the Dean of Government Medical College, Nagpur at the earliest, preferably today itself.
10. Steno copy is expedited.
11. Stand over to 26/11/2020.
JUDGE D.S. Baldwa ::: Uploaded on - 23/11/2020 ::: Downloaded on - 25/11/2020 02:50:48 :::