HC quashes FIR against doctor for not reporting POCSO case

The Madurai Bench of the Madras High Court has quashed the FIR registered against a 70-year-old senior doctor / gynaecologist in Tiruchi.

Justice K. Murali Shankar observed that the doctor was put through various inquiries, including police investigation, and was compelled to obtain anticipatory bail. The investigating officer had registered an FIR solely based on a hearsay statement without conducting a preliminary enquiry.

The court observed that such treatment of medical professionals may discourage them from taking necessary risks to save lives. “Nowadays, we come across attacks on doctors and the hospitals. It is essential to recognise that the majority of medical practitioners dedicate their life to serve humanity with compassion and expertise,” the court observed.

Unfortunately, false complaints against the doctors can lead to unwanted harassment by police and it can cause immense stress, damage to their reputation, and even impact their ability to practise medicine, the court observed.

The court was hearing a petition filed by the senior doctor to quash the FIR registered against her. A 17-year-old girl was taken to a private hospital by her maternal aunt for treatment. A scan report confirmed that the girl was nine weeks pregnant. It was said that the girl was in a relationship with a man. When the doctor inquired about the age and the marital status, she revealed that she was 18 years old and unmarried. She told the doctor that her parents were dead.

The doctor refused to terminate the pregnancy and informed them that she will have to report it to the police and to the Collector as the girl was unmarried. The girl and her aunt visited the hospital again with complaints of dizziness and weakness. A blood report revealed that the girl had severe anaemia.

The doctor advised the girl to go to Tiruchi Government Hospital. However, observing the girl’s weakness and low blood pressure, the doctor proceeded to give intravenous fluids to the girl with an intention to revive her strength. The girl filled up the admission form mentioning that she was 18 years old. The girl was admitted to Tiruchi Government Hospital where she died despite receiving treatment.

The court took into account that the doctor was facing charges under Section 21 (1) of the POCSO Act (the punishment for failing to report or record a sexual offence) and under Section 312 of the IPC (punishment for causing a woman to miscarry).

The Additional Public Prosecutor conceded that the investigation confirmed the girl was over 18 years old, rendering the provision of the POCSO Act inapplicable.

The court observed that the precedents set by the Supreme court were directly relevant to the present case. As the Apex court had astutely noted, the doctor bore no responsibility to verify the girl’s age or ascertain whether offences had been committed. The Joint Director of Health Services and Family Welfare’s proceedings specifically stated that the private hospital had refused to terminate the girl’s pregnancy, corroborating the petitioner’s stance. The court observed that permitting prosecution would be unnecessary, unwarranted, and amount to an abuse of process of law and quashed the FIR against the doctor.

Published - January 08, 2025 09:03 pm IST