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Further, it is submitted that the OP No. 2 was on duty up to 8.00pm of 5/07/2016 and the victim had given birth at 8.30 pm under the supervision by another doctor who was on duty at the relevant point of time and since the problem of bleeding to the victim started after delivery of the baby where the OP No. 2 is not at all connected.

          Again it is submitted that the progress of labour of the victim was adequately normal as the cervical dilatation was found at 4 cm at 7pm, 5cm at 7.50 pm of 5/7/2016 and Meconium Staining of liquor was also noted as early as 7pm which was found no abnormality in the fetal heart rate or rhythm during labour and a healthy female child was delivered who cried immediately at birth was an example of no signs of fetal distress.

 

It is further submitted that at the time of assessment of the victim by the OP No.2, there was passage of thick meconium stained liquor and the victim was found to be good labour progress as cervical dilatation was progressing of 4 cm at 7 pm, 5cm at 7.50 cm and as such normal delivery was carried out at 8.30 pm. As per the document submitted by the complainant found at annexure A/6 page 23, there was thin meconium stained liquor which was very much normal to deliver a baby but unfortunately, at the right side of the said document it was made written as thick meconium stained liquor in the form of manipulation in different hand writing for causing accusation on the part to O.P. No. 2. All such acts of manipulation may be done by the O.P. Nos. 4, 5, and 6 in consultations with enquiry committee in order to harass the OP No.2 who having been discharging his duty with due care and cautions. As a result of it there was no lack of duty or mere negligence on the part of the OP No.2.

34.             Dr. Yohen, O.P. No.2, as D.W. No.4 deposed that his duty period was from 8 am to 8.pm on 05/06/2016. the progress of labour of the victim was adequately normal as the cervical dilatation was found at 4 cm at 7 at 7.50 pm of 5/7/2016 and Meconium staining of liquor was also noted as early as 7 pm which was found no abnormality in the fetal heart rate or rhythm during labour and a healthy female child was delivered who cried immediately at birth was an example of no signs of fetal distress.