BINOD BIHARI NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) A doctor sometimes assumes the role of a creator, a healer of the sufferings and a saviour of life. He is adored as he understands his responsibility and attempts to bring back smile on the face of the patient with all the ability at his command. Hippocrates said, "Whenever a doctor cannot do good, he must be kept from doing harm". Here is the case of an unfortunate victim who consciously chooses to be a mother on assurance of marriage by her lover and expecting her dream of possibilities coming to realities. When the unborn was anxiously waiting in her womb to see the new world, to touch the warm skin of mother with his little fingers, the doctor succumbed to the dirty tricks played by the lover, assumed the role of a destroyer and stopped the movement of life within womb even without the knowledge and consent of the victim making her frozen, broken and shattered.

(2.) In this application under section 482 of Cr.P.C., the petitioner Dr. Binod Bihari Naik has challenged the impugned order dated 06.09.2003 of the learned S.D.J.M., Kuchinda passed in G.R. Case No.281 of 2002 in taking cognizance of offences under sections 493/503/313/34 of the Indian Penal Code and issuance of process against him. The said case arises out of Kuchinda P.S. Case No.85 of 2002.

(3.) The prosecution case, as per the first information report lodged by the victim on 16.08.2002 before the officer in charge, Kuchinda police station is that she was aged about twenty years and the co-accused Lochan Pujhari kept physical relationship with her on the assurance of marriage for which she became pregnant. It is further stated that she was taken to a doctor by the co-accused Lochan Pujhari, his elder brother Gobinda, his mother and brother-in-law as per their previous plan giving false impression to her for formal check up of the child in the womb. The co-accused persons talked with the doctor and left the victim with the doctor who administered some medicines to her for which she became senseless and after one hour when she got back her senses, she found that her six months pregnancy had been terminated. She was told by the coaccused persons not to disclose about the same before anybody and threatened with dire consequence.