20 years on, doctor cleared of miscarriage charge
The court ruled that the doctor acted in good faith and that a direct link between his actions and the woman's death was not proven.
Dr Dipak Rathod was convicted in 2004 by a Bharuch trial court under Section 312 of the IPC (causing miscarriage) for treating a woman named Rukhsana at his hospital in Jambusar in 1999. However, the trial court had granted him the benefit of the Probation of Offenders Act, and he did not serve jail time.
According to the prosecution, Rukhsana was brought to Dr Rathod's hospital after complications arose from an earlier, unsuccessful abortion attempt performed by a quack.
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Dr Rathod consulted another doctor and proceeded to treat her, performing a medical procedure. Her condition worsened after the procedure, and she was referred to SSG Hospital in Vadodara, where she died in Jan 2000.
Rukhsana's family alleged that Dr Rathod's negligence caused severe internal injuries, including damage to her uterus and intestines, which ultimately led to her death.
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He was also charged under Sections 304A (causing death by negligence) and 314 (death caused by an act with intent to cause miscarriage), but was convicted only under Section 312.
Challenging the conviction in the High Court, Dr Rathod argued that he acted in good faith and within the scope of his qualifications and duties as a gynaecologist, and that his actions were protected under the Medical Termination of Pregnancy (MTP) Act.
Justice Gita Gopi, allowing the appeal, stated: "In view of that fact, the opinion formed by the appellant was in good faith to terminate the pregnancy. Whether the appellant doctor actually terminated the pregnancy was not proved by cogent and tangible documentary evidence... The act of the appellant is not the direct cause of death."
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