A sessions court here has upheld a magisterial court's order, convicting a woman doctor of violating the pre-natal sex determination law.
Dismissing the appeal by the doctor against her conviction under section 23 of the Pre-Conception and Pre- Natal Diagnostic Techniques (PNDT) Act, the court ordered her to surrender before the trial court on May 2.
Pre-natal sex determination is banned under the Act.
Dr Chhaaya Choudhary had challenged the order of a Vashi judicial magistrate, sentencing her to two years in jail along with a fine of Rs 7,000.
Additional Sessions Judge (ASJ) R N Bawankar upheld the lower court's order recently.
A medical officer working with the Navi Mumbai Municipal Corporation had during a visit to Dr Choudhary's Vijay Maternity & Eye Hospital in Vashi on June 20, 2011 had observed several irregularities and discrepancies in conducting sonography.
He suspended the registration of the hospital under the Act, sealed the sonography machine and filed the complaint before a court in November 2011.
The accused doctor had submitted to the sessions court that submitted that the trial court earlier had failed to appreciate the evidence in proper perspective.
She, therefore, prayed for setting aside the magisterial court's verdict dated January 21, 2014.
ASJ Bawankar observed that considering the discrepancies referred to by the medical officer, he has a right to file the complaint against the accused for punishment under the PNDT Act.
The trial court had rightly appreciated the oral and the documentary evidence and also considered the very purpose of the Act and the rules framed thereunder, he noted.
The prosecution proved its case beyond reasonable doubt and there is no scope to interfere with the findings recorded by the trial court in the impugned order, the judge said.
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