Doctor gets 3-year RI for illegal abortion

TNN | Mar 24, 2018, 09.38 IST

Beed district and sessions judge A S Gandhi on Thursday sentenced Shivaji Sanap, a medical practitioner from Beed, to three years rigorous imprisonment for illegal termination of pregnancy, but discharged him of all other charges.
Sanap was convicted under section 3 of the Medical Termination of Pregnancy Act. The court acquitted 14 others of all charges for want of concrete evidence, said Milind Waghirkar, the prosecution lawyer on Friday.

On June 2, 2012, the police found two female foetuses abandoned in Bindusarariver bank on the outskirts of Beed city, causing sensation across the state. The foetuses were aborted at the Sanap hospital, being run by Shivaji Sanap. Beed district then had the lowest child sex ratio in the state.

A chargesheet was filed against Sanap and 16 others in 2013. A chargesheet against sixteen accused was filed under section 302 (murder) and other provisions of the Indian Penal Code (IPC) and sections of the Pre-conception and Pre-natal diagnostic techniques Act.

The then Beed district judge Swapnil Khati had in June 2013 framed the charges. “While framing the charges, the judge had felt that the offence attracts section 302 of the Indian Penal Code against 16 of the 17 accused. He thus made section 302 instead of section 304 of the IPC applicable in the case of 16 accused,” said Waghirkar.
The other charges under which the accused were chargesheeted include sections of the IPC including 312 (causing miscarriage), 313 (causing miscarriage without woman’ s consent), 315 (act done with intent to prevent child being born alive or to cause it to die after birth), 316 (causing death of quick unborn child by act amounting to culpable homicide), 318 (concealment of birth by secret disposal of dead body) and 201 (destruction of evidence) and 34 (common intention).

Subsequently, two suspects were discharged by the Bombay high court, Waghirkar said.

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