DOCTOR ACQUITTED OF ISSUING FALSE DC

SESSIONS JUDGE SHRI S.M.SHEMBOLE AT MUMBAI ACQUITTED TODAY I.E. 3^RD JULY 2009, DR. HAVALDAR WHO WAS CHARGED WITH ISSUEING A FALSE DEATH CERTIFICATE WITH A VIEW TO CAUSE DISAPPEARANCE OF EVIDENCE WITH THE INTENTION OF SCREENING THE OFFENDER, I.E. THE FATHER AND STEPMOTHER WHO IS ALLEGED TO HAVE KILLED THEIR DAUGHTER ON 14^TH AUGUST 2007.

THE PROSECUTION CASE WAS THAT ON 14^TH AUGUST 2007 THE FATHER AND STEPMOTHER THROTTLED THEIR DAUGHTER AND OBTAINED FALSE DEATH CERTIFICATE FROM DR.HAVALDAR. THERE WERE NO EYE WITNESS TO THE ALLEGED INCIDENT. BESIDES THERE WAS NO CIRCUMSTANTIAL EVIDENCE.  PROSECUTION HAD RELIED UPON THE EVIDENCE OF A POST MORTEM DOCTOR WHO HAD OPINED THAT THE DECEASED DIED DUE TO ASPHYXIA DUE TO THROTTLING. AT THE TRIAL THE POST MORTEM DOCTOR DURING CROSS EXAMINATION CONCEEDED THERE WAS NO ASPHYXIAL SIGNS ON THE DEAD BODY. HE ALSO STATED DURING CROSS EXAMINATION THERE WERE NO EXTERNAL SIGNS OF THROTTLING. DR. HAVALADAR EXAMINED A FORESNSIC EXPERT DR. SHAILESH MOHITE, PROFESSOR AND HEAD OF DEPARTMENT FORENSIC MEDICINE AT NAIR HOSPITAL AS DEFENSE WITNESS. DR. SHAILESH MOHITE OPINED THAT IT CANNOT BE CONCLUDED THAT THE DEATH WAS DUE TO THROTTLING AS THE PM DOCTOR HAD NOT DISSECTED THE CONTUSION IN THE NECK TO DETERMINE THE EXTENT OF DAMAGE TO THE UNDERLYING TISSUES AND THE MUSCLE. THE HON’BLE SESSIONS JUDGE DISCARDED THE EVIDENCE OF THE POST MORTEM DOCTOR AND CAME TO THE CONCLUSION ON THE EVIDENCE OF THE PROSECUTION WITNESSES THAT THE DEATH WAS ON ACCOUNT OF ILLNESS AND NOT ON ACCOUNT OF THROTTLING. ALL THE THREE ACCUSED FATHER, STEPMOTHER AND THE DOCTOR WERE ACQUITTED OF THE CHARGES LEVELED AGAINST THEM. DR. HAVALDAR WAS DEFENDED BY ADVOCATE A.K.MENON & S.B.SHETTY