The High Court refused leave to appeal against the acquittal of doctors charged under Section 23 of the PCPNDT Act, 2003. The court held that the lower court's finding on witness credibility did not render the acquittal a perverse decision.
Leave to appeal refused; Appeal dismissed.
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Appln 106-12.odt
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.106 OF 2012
Kolhapur Municipal Corporation.Applicant
V/s.
Dr. Tukaram Govind Mane & ors .Respondents
Mr.S.S.Patwardhan, Advocate, for the Applicant
Mr.Y.M.Nakhwa, APP, for Respondent No.5 - State
CORAM:R.C.CHAVAN, J.
DATE:26TH JULY, 2012
P.C.
.Heard the learned counsel for the
respective parties.
2.This is an application for leave to file
an appeal against acquittal of respondent Nos.1
to 4 - Doctors ordered by the learned Judicial
Magistrate F. C., Court No.5, Kolhapur, for the
offence punishable under Section 23 of the Pre-
conception and Pre-natal Diagnostic Techniques
Act, 2003. The learned Magistrate observed that
the circumstances revealed by the evidence
Page 1 of 2
Appln 106-12.odt
showed that the witnesses were performing
illegal sting operation to extort money from the
Doctors and that the antecedents of the
witnesses show that they are self proclaimed
liars. The learned counsel for the applicant is
right in submitting that such observation should
not have been made by the learned Magistrate.
All the same, there is absolutely nothing in the
appreciation of evidence by the learned
Magistrate to show that acquittal recorded by
him was wrong. Decoy witness Disha Bhilare
would not support the contents of her own
Affidavit and even Varsha Deshpande, who had, in
fact, organized the operation was found to be
untrustworthy. Therefore, it cannot be said that
view taken by the learned Magistrate was
perverse or improbable. Leave refused. Appeal
dismissed.
Page 2 of 2
1 issue framed by the court
Whether the High Court should grant leave to appeal against the Judicial Magistrate's acquittal of doctors under Section 23 of the PCPNDT Act, 2003.
1 provisions across 1 enactments
Kolhapur Municipal Corporation
Dr. Tukaram Govind Mane
R.C.CHAVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court