SUHAS SAMPAT JADHAVAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The very moot question about "interpretation of the Medical Termination of Pregnancy Act, 1971 ("MTP Act") and its corelation to the provisions of Indian Penal Code, 1860 ("IPC") is involved in this Revision Application. Apart from arguments advanced by learned Senior Advocate Shri.Mohite and assisted by Mr.Talkute, the learned APPs in charge of this Revision, Mr.Kamkhedkar and Ms.Phad have argued the matter as well. However, as said above very basic questions are involved, as per order dtd. 19/3/2025, I have called learned Advocate General to address the Court on certain issues. He did address the Court. Even, I have heard Mr.Talkute.

(2.) There are 13 abortion cases noticed by the First-Informant Shri.Belpatre attached to Rural Hospital, Sangola, District : Solapur. Present Applicants being Medical Practitioners have aborted / done procedure on 13 pregnant women in their Dhanashree / New Dhanashree Hospital (charge-sheet mentions 12 but in a table prepared by Applicants, the number is 13). According to the FirstInformant, there was no justification for performing abortion and the procedure is also not followed. There was a charge-sheet filed for the offences under Sec. 312, 313, 201 read with 34 of IPC and under sec. 5 of MTP Act, 1971 before the Court of Additional Sessions Judge, Pandharpur. Both the Applicants / Accused pleaded for discharge. It was rejected on 15/2/2019 and that is why, this Revision Application is filed.

(3.) After hearing both the sides at great length, this Court is required to decide following questions:-