During the search at the hospital, the police claimed to have seized 11 skulls and 54 bones. (File) Doctor couple Niraj and Rekha Kadam, booked in January in Wardha for allegedly being involved in the illegal abortion of a minor rape victim, were denied bail by the sessions court recently, which said that medical papers show that there was a risk to the 13-year-old’s life due to the abortion.
The court also took into consideration that there are other allegations, including the disappearance of evidence and an inquiry by the Income Tax over the recovery of a huge amount of money recovered from the couple’s home.
Wardha police filed a chargesheet against eight persons last month on several charges, including the Protection of Children from Sexual Offences Act (POCSO), in the case.
The court, earlier this month, also rejected the bail pleas of two staffers of the hospital — Sangita Kale and Puja Dahat.
“From police papers and above discussion, there are not only allegations of abortion of minor victim, disappearance of evidence, but various technical irregularities, noncompliance of procedure are observed. Though a chargesheet is filed, various new facts are revealed during investigation. Applicants are in an influential position over the victim, her family members and staff of their hospital. Applicants will pressurize victim and witnesses,” the court said while rejecting the bail pleas of doctors Niraj and Rekha.
A complaint was filed at Arvi police station in Wardha district in January on the complaint of a teenager’s mother, who had alleged that her minor daughter was made to undergo an abortion at Kadam Hospital. The victim was five months pregnant. It was revealed that she was raped by a minor boy. But instead of filing a police complaint, she was taken to the hospital for an abortion.
During the search at the hospital, the police claimed to have seized 11 skulls and 54 bones. It was submitted before the court that a report from the government medical college, part of the chargesheet, had stated that the seized samples were bones but could not conclude if they were human bones as they were small-sized and not fully developed. A DNA report was awaited.
In their bail pleas, the accused denied that the illegal abortion was carried out at their clinic. The court said that it was prima facie considering documents and statements including those of staffers who allegedly said illegal abortions were carried out at the hospital and fetuses were disposed of in a well behind the hospital.
“Prima facie there is nothing on record about following legal procedure and intimation to police. Applicants being gynaecologists have to follow lawful procedures and exercise due care and caution in the interest of the victim. The discharge summary of Kasturba Hospital shows that after the incident of abortion, there was a history of vaginal bleeding given by the victim. There was a risk to her life as per medical papers of Kasturba Hospital,” the court said.
A separate case has also been filed against the accused under various sections for allegedly not following other procedures, including disposing of bio-medical waste.
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