The Bombay high court has quashed a doctor’s conviction for conducting a woman’s prenatal test to determine the gender of her unborn child in 2006, saying the proper procedure was not followed while registering the complaint in the case.
Mohankumar Nagane’s lawyer, Abhijeet Desai, said the competent authority did not check Nagane’s clinic and a medical officer who did so did not follow the procedure. He submitted the amount alleged to have been paid to Nagane for the test was not found in his clinic but in a car owned by someone else which the doctor used sometimes.
The court held that though the money was not found in the premise of Nagane and the medical officer had acted beyond his authorisation, both the lower courts failed to take cognisance of it and hence the conviction was being quashed and set aside.
Sex determination tests are banned in India to prevent female foeticide that is common in some parts of the country.