PNDT Act: Doctor gets bail as CTG machine proves to be unfit for sex selection

Published On 2017-05-06 15:06 GMT | Update On 2017-05-06 15:06 GMT

"The Doctor got bail under PCPNDT Act, as the CTG machine was proved to be unfit for sex selection/determination"

Now if such actions are to be continued, the day is not so far when the stethoscopes will be confiscated...

In the recent judgment, Hon. Rajasthan High Court, in the case of Dr. Sushila Khinchi vs State of Rajasthan, while granting to Bail to the Petitioner Doctor, raised the doubts over action of AA. It was revealed that the CTG machine was proved to be unfit for sex selection/determination and this became the ground for the doctor to get bail under the PC-PNDT act

The public prosecutor submitted the Inquiry report made by the Board consisting of experts on the subject. The report was signed by Joint Director of Medical and Health as well as Professor and the Head of Department of Oby & Gyn.

After going through the report, His Lordship observed that

Learned Public Prosecutor has also brought to my notice Inquiry Report dated 24.03.2017, prepared by Board consisting of experts on the subject. As per report, CTG machine, which was seized from the clinic of petitioner Dr. Sushila Khinchi, cannot be utilized for sex selection/determination of a foetus. The report is signed by Joint Director of Medical and Health as well as Professor and the Head of Department of Obstetrics & Gynecology. Therefore, taking into account, the fact that equipment, which was recovered from the clinic of petitioner, Dr. Sushila Khinchi, cannot be utilized for sex determination of foetus, in my considered opinion, prima facie, offences slapped against petitioner under the PCPNDT Act are under serious clouds.

The Report revealed that CTG machine, which was seized from the clinic of petitioner Dr. Sushila Khinchi, cannot be utilized for sex selection/determination of a foetus. .

On this background the Doctor was granted Bail and with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so

Thanks and Regards

Adv. Rohit Erande
Pune.©

Dr. Sushila Khinchi vs State on 7 April, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

https://indiankanoon.org/doc/152734118/

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savita

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PNDT Act: Doctor gets bail as CTG machine proves to be unfit for sex selection

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