RIPESH KUSHWAHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision has been filed by the petitioner accused under Sec. 397 read with Sec. 401 of the Cr.P.C. against the order dtd. 23/10/2020 passed by learned Special Judge, Protection of Children from Sexual Offences Act, 2012 in Special Case No.23/2020 whereby charges have been framed against the applicant for offences punishable under Ss. 313, 317, 201, 419, 120-B read with 34 of the IPC and Sec. 5(2) read with 3 of Medical Termination of Pregnancy Act.

(2.) . In brief, the prosecution case is that the applicant is qualified MBBS Doctor and he runs Sanjeevni Hospital at District Anuppur. A Merg Bearing No.36/2019 was registered at police station Anuppur on 3/6/2019 and during investigation statements of Sanjay Rane, Anand Kumar Johata (Ward Boy) Dr. S.R.Paraste (Doctor), Smt. Sangeeta Singh (Staff Nurse), present applicant who is Director of Sanjeevni Hospital, were recorded. During investigation it was found that on 2/6/2019 at 2:41 PM a newborn of one day was brought at District Hospital Anuppur by his father Arjun Yadav. After admitting the newborn at hospital, he escaped from there and on the very same day the infant passed away at the hospital. Police registered offence under Sec. 317 against the parents of the newborn. When the police failed to trace out the whereabouts of the parents, then on 1/11/2019 filed khatma report. After the delay of more than 8 months on 23/2/2020 the mother of infant namely Renuka Yadav resident of Gram Bartarai, Police Station Ramnagar District Anuppur filed a written complaint allegig that Umesh Yadav (main accused) by concealing his identity and revealing himself as Arjun Yadav, first took prosecutrix to Sanjeevni Hospital for abortion and thereafter he took his infant to District Hospital Anuppur. Consequently, statement under Sec. 164 of Cr.P.C of prosecutrix was recorded. In her statement she stated that she was in relationship with Umesh Yadav since 2016 and got pregnant in the year 2018. Umesh took her to Sanjeevni Hospital whereby the applicant and Dr. Kanti who is Gynecologist stated that she is pregnant and later on delivery was performed and thereafter Umesh took her to District Hospital Anuppur and then dropped her near her village.

(3.) Hence, police of police stationÂÂ' Kotwali, Anuppur registered FIR vide Crime No.327/2019 against the applicant for offences punishable under Ss. 313, 317, 201, 419, 120-B of the IPC and Sec. 5(2) read with 3 of the Medical Termination of Pregnancy Act. After investigation, charge-sheet was filed. By the impugned order, the trial Court framed charges as mentioned above.