ANSARI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein stands arrayed as the sole accused in CC No.2015/2016 of the Judicial First Class Magistrate1,Kannur,for offence punishable under Section 338 of IPC.

(2.) The facts constituting the case is that, on 30/7/2012 morning, one woman gave birth to a child in a hospital at Kannur, where the petitioner herein was working as a pediatrician. He is holding an MD in pediatric. The delivery was under the supervision of the gynecologist of the hospital. The petitioner herein had attended the child as a consultant pediatrician. On 1/8/2012, mild yellow colour was noticed on the body of the child and on petitioner's recommendation, photo therapy treatment was given to the child. Apart from that, serum bilirubin test was directed to be conducted. Since bilirubin in blood of the child was found as 14.3mg as per the result, on the next day also repeat bilirubin test was conducted which disclosed 17 mg. The doctor suggested to continue the photo theraphy. Since abnormality was later noticed by the doctor, he referred the child to another hospital on 2/8/2012 at 7 p.m. It was alleged that the jaundice which the child had contracted, had effected his brain and affected his hearing capacity.

(3.) A complaint was laid by the parents of the child before the Consumer Redressal Form claiming compensation. On the basis of another complaint submitted to the District Collector,which was forwarded to the Superintendent of Police, crime was registered as Crime No.1506/2013. After investigation, final report was laid for offence punishable under Section 338 IPC and the petitioner stands arrayed as the sole accused.