The State of Maharashtra v. Prabhakar Krishnarao Pawar
Case brief
What is this about?
The High Court rejected the State's Criminal Application to appeal the Sessions Judge's acquittal of a doctor accused of illegal sex determination, upholding the lower court's view that the prosecution failed to prove guilt due to evidentiary flaws.
What the court decided
APPLN-562-12.sxw
Mhi 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 562 OF 2012
The State of Maharashtra ) (Through Dr. V.B. Yadav, Civil Surgeon, ) S.K.N.P. Dist. Hospital, Satara.) ).. Applicant vs. Dr. Prabhakar Krishnarao Pawar ) Age/Adult, Occ. Nil. ) R/a. Jeevan Jyoti Hospital Gondi, ) Tal. Kard, Dist Satara. ).. Respondent
Mr. A.S.Shitole, APP, for the Applicant-State. Mr. Rahul S. Kate, for the respondent.
CORAM: SMT.SADHANA S.JADHAV,J. DATE : 25th June , 2014.
P.C .
The State of Maharashtra, being aggrieved by the judgment and order
passed by the Addl. Sessions Judge, Karad, District Satara, in Criminal Appeal No.34 of 2010, thereby acquitting the accused of all the charges levelled against him, has filed this application seeking leave to appeal thereby challenging the impugned judgment and order.
- It is the case of the prosecution that the present respondent herein was working as Civil Surgeon in SKNP District Hospital, Satara. He was entrusted with the job of proper implementation of the Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter
Issues for consideration
3 issues framed by the court
Whether the applicant state has made a case for a Special Leave Petition to the Supreme Court after the Sessions Judge acquitted the accused.
Whether the prosecution could establish the guilt of the accused beyond reasonable doubt given the missing signatures and lack of evidence on the trap.
Whether the delay in filing the complaint and inconsistencies in witness statements vitiated the prosecution case.
Parties & counsel
- applicant
State of Maharashtra
- respondent
Dr. Prabhakar Krishnarao Pawar
Coram
Sadhana S. Jadhav
Case details
As recorded by the court registry
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