[POCSO] Bombay High Court refuses relief to doctor accused of raping minor, aborting her foetus

Advancement in medical science enables determination of past pregnancy of a woman on the basis of changes in the body of the woman, the Aurangabad Bench of Bombay High Court recently observed while refusing to discharge a doctor booked for raping a minor and aborting her six-month-old foetus [Balwantrao Bhise v. State of Maharashtra & Anr.]..Single-judge Justice MG Sewlikar was dealing with a criminal revision application filed by the accused, a child specialist doctor from Jalna district, challenging a special court's decision refusing to discharge him from the case.Before Justice Sewlikar, the accused claimed that there wasn't any proof to show that the girl ever conceived or had undergone any abortion. At this, the High Court considered the testimony of the medical officer, who had examined the girl."True it is that Medical Officer has declined to give any opinion about the past pregnancy of the victim as it is a very old case of pregnancy. However, medical examination record shows that hymen of the victim was ruptured," the judge noted. "Medical science is so advanced that now a days past pregnancy also can be determined on the basis of changes in the body of a woman on account of pregnancy," the Court added..The accused doctor was booked in October 2019 after the victim's mother filed a First Information Report (FIR) alleging that he had raped her minor daughter on multiple occasions between October and November 2018. She stated that the doctor had promised to marry the girl and only then the victim consented for sexual intercourse.However, when she conceived and was into her sixth month of pregnancy, the accused got her admitted to his nursing home and aborted the foetus."The past pregnancy can be determined on account of the permanent changes in the body of a woman. Moreover there is oral evidence of victim's mother stating that her daughter was pregnant of six months. Admittedly, there is delay of more than one year in lodging the FIR. However, the aspect of delay can be considered during trial. In such cases, women generally do not come forward to lodge the report soon after the incident," the judge said."Moreover, victim was less than 17 years when the intercourse happened. After her alleged termination of pregnancy, she attained majority. In this view of the matter, I do not find that the trial court committed any error in dismissing the application for discharge of the applicant," the Court added.The judge then referred to Parikh’s Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology for Classrooms and Courtrooms, which details the changes in a woman's body during pregnancy. The book states that a previous pregnancy usually leaves permanent marks on a woman, especially if the pregnancy has gone to full term. In view of the same, the plea was rejected..[Read Order]