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3 doctors accused of fabricating injury report given clean chit

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Express News Service

Posted: Jan 07, 2009 at 0145 hrs IST

New Delhi In a breather for three AIIMS doctors summoned by a city court for allegedly fabricating the injury reports of a woman, a trial court judge on Tuesday gave them a clean chit on the basis of “benefit of doubt”.

“In these circumstances, I am of the considered opinion that from the material on record, benefit of doubt may be extended to all three doctors and no further proceedings are initiated against them,” Additional Sessions Judge Brijesh Garg said in his order.

The court termed the alleged discrepancy as a “bonafide mistake” that might have been committed by the doctors in interpreting legal provisions. ASJ Garg, however, said, ‘It is hereby advised that the aforesaid doctors shall take more precaution in future while giving opinion in medico legal cases.”

The court had recently issued summons against doctors Sanjiv Lalwani, Arvind Kumar and Gaurav after noticing alleged discrepancies in the medical reports of Jasmine Nagpal prepared by them. She had filed a dowry harassment case against her estranged husband and in-laws after allegedly being beaten up by them.

A perusal of the report had, however, angered the court, which was of the opinion that prima facie materials showed that the report was fudged, so as to facilitate the woman in registering the FIR against her husband and in-laws. “The doctors on duty have acted either under pressure or in connivance with the complainant (woman) or at the behest of senior doctors or senior police officers and have knowingly and willingly fabricated medical records,” the judge had then noted.

Taking cognizance of the report, the court had on the one hand allowed anticipatory bail plea of the husband of the complainant, and on the other, ordered that notices be issued against all three doctors, under the relevant provision of the Code of Criminal Procedure (CrPC).

Dr Lalwani, assistant professor, Forensic medicine, AIIMS, held a press conference later in the day and said, “There was no question of fabricating records.”

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