PRAMOD PADWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the Judgment and Order passed by the learned Judicial Magistrate, First Class, Thane, in Summary Case No.13912 of 2011, whereby the accused therein came to be acquitted of the offence punishable under Sec. 25 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short 'the Act').

(2.) The original Complainant, who was working as a Medical Officer of Health and was appointed as the appropriate authority under the Act, is the Appellant herein. The Accused, Respondents No.2 to 4, were operating a Diagnostic Centre called Saint Ann Hospital in Bhayander. It is alleged that the Accused did not maintain the records required by Rules 9(1) to 9(5) of the Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 (for short 'the said Rules') and did not submit them as required by Rule 9(8) of the said Rules. On 30/6/2011, the Complainant visited the hospital run by the Accused and discovered that the records required by the Rules were not properly maintained. As a result, he seized the USG machine and records and filed a complaint against the Accused vide Summary Criminal Case No.13912 of 2011.

(3.) To prove its case, the prosecution examined the Complainant, Dr.Pramod Padwal, only. After the completion of prosecution evidence, statements of the accused were recorded under Sec. 313 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'). In reply, the accused pleaded innocence and false implication.