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Not job of doctor to verify age of victim, HC bins Pocso case
The New Indian Express Nagapattinam
|January 09, 2025
OBSERVING that a doctor does not bear the responsibility of verifying the victim's age or ascertain whether any offence has been committed in case of abortions, the Madurai Bench of the Madras High Court quashed a criminal case against a 70-year-old doctor at a private hospital in Tiruchy, who was accused of trying to abort the foetus of an unmarried pregnant girl, and failing to report it to the police.
Justice K Murali Shankar passed the order on a petition filed by Dr Jenbagalakshmi, seeking to quash the FIR registered against her by the Srirangam All Women Police.
The judge noted that the victim's sister had lodged the complaint based on the information received from her maternal aunt. He also pointed out that during the final hearing, the additional public prosecutor conceded that the investigation revealed the victim was a major. The judge cited precedents set by the Supreme Court in various cases and stated that the doctor is not responsible to verify the victim girl's age.
This story is from the January 09, 2025 edition of The New Indian Express Nagapattinam.
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