The Bombay High Court recently upheld the acquittal of three doctors accused of killing a 14-year-old girl while performing tonsillectomy.
A single judge Bench of Justice K.R. Shriram was hearing an appeal filed by the Maharashtra government in 2007, challenging an order acquitting the trio under Section 304-A (causing death by negligence) of the Indian Penal Code.
The 14-year-old was admitted to a clinic for a tonsillectomy on April 30, 2001, and the procedure was performed on May 1. The prosecution argued that the girl died of excessive bleeding caused due to gross negligence of the trio: a main surgeon, an assistant surgeon and an anaesthesiologist.
Though a complaint was filed and the doctors were arrested, they were later released on bail. During the trial, the prosecution relied on the statements of the father, mother, and relatives of the deceased; medical officer of the hospital; and officials who performed the post-mortem. On February 22, 2005, the chief judicial magistrate of Kolhapur acquitted the doctors.
On hearing the appeal, the high court said, “We have to consider whether the prosecution has established gross negligence or recklessness on the part of the accused. No doubt in the present case, deceased Aparna was only 14 years of age and her parents have lost their child. To convict the doctors, the prosecution has to come out with a case of high degree of negligence on the part of the doctors. Mere lack of proper care or precaution or attention or inadvertence may create civil liability but not a criminal liability.”
The order noted that there was no corroborative evidence to prove the complaint that heavy bleeding from her mouth immediately after the surgery. “We must also keep in mind that there is a presumption of innocence in favour of the doctors and such presumption is strengthened by the order of acquittal passed in his favour by the trial court.”
Dismissing the appeal, the court said, “I do not find anything palpably wrong, manifestly erroneous or demonstrably unsustainable in the order by the trial court.”
