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Doctor told to pay damages

SC upholds the compensation awarded to the parents of a 3-year-old who developed complications on being administerated a banned medicine, reports Bhadra Sinha.

india Updated: Dec 06, 2007 02:37 IST
Bhadra Sinha

The Supreme Court on Wednesday upheld the compensation awarded to the parents of a three-year-old who developed complications on being administerated a banned medicine. Regretting that India had become a dumping yard for banned drugs, it directed the doctor to pay Rs 1 lakh as ordered by the National Consumer Redressal Commission.

The court was hearing cross-appeals filed by the doctor and child’s parents. While the doctor had challenged the compensation amount ordered by the Commission, the parents had sought enchancement of the award.

Conviction upheld

The court has said that to prove a case of rape in court, it is not necessary to prove sexual assault medically as well. Holding that medical evidence in such cases is not a pre-requisite, it upheld the conviction of a man in a case where the victim’s hymen was found to be intact.

“The victim was a girl of six and it is likely full penetration did not take place as the accused is a grown-up person,” the court said, adding that absence of injuries does not lead to the inference that no rape was committed.