Charged with carrying out abortion: Medical practitioner exculpated in Court

Dr Priithum Ramputty has been exculpated from a charge of abortion in breach of Section 235 (1) (3) of the Criminal Code. In a judgement delivered last week, Magistrate Mrs K. Bissoonauth dismissed the case against the medical practitioner. The Court ruled that the Prosecution has not proven its case beyond reasonable doubt as the complainant is not a credible witness. According to the ruling, the evidence suggests that the woman was subject to a spontaneous abortion and hence, the medical practitioner was not to be blamed. Before rejecting the evidence of the Prosecution, the magistrate sitting at the Criminal Division of the Intermediate Court underlined that the theory of spontaneous abortion is further confirmed by the ultra sound investigation which Dr Dassyne carried out on the declarant upon her admission in hospital. Dr Dassyne explained that the ultra sound test revealed a distorted intra uterine gestational sac. He had therefore to evacuate the uterus because of the distorted sac. The distorted fact confirms a case of spontaneous abortion which he explained may be caused by an infection, an exertion, lifting of weight, a fall or violent sexual intercourse. According to him in this case there was infection, as the declarant was suffering from hepatitis C and HIV infection. In the present case, the accused doctor pleaded not guilty and was assisted by Counsel. Woman Police Constable Laperotine deposed to the effect that on 18 January 2009, she was posted at Flacq Police station. She was informed by the staff of Jeetoo Hospital that there was one Miss X, the declarant in the present case, who was admitted there and it was apparently a case of abortion. She therefore proceeded to Jeetoo Hospital where she met with the declarant and took a statement from her. On 24 January 2009, she accompanied the latter as well as another witness to Flacq, where both showed to the police the house of one Dr Ramputty. Three other doctors also deposed, namely Dr Boossoondoyal Preeteesingh, who was posted at the Accident and Emergency department of Jeetoo Hospital, gyneacologist Dr V. Chummun and Dr Indradev Beedassee. On 18 January 2008, in her statement given at Vallée Pitot police station, the declarant said that she was living with a drug addict who later passed away. The latter forced her to give a statement to the police that she had an abortion. Accompanied by her mother, she went to the medical practice of Dr Ramputty in Flacq on 12 January 2009. The doctor agreed to do the abortion. After the procedure she was given painkillers before going back home. She claims that she forked out Rs 8,000 to terminate her pregnancy. During her cross-examination, the complainant admitted that she does not have a clean record. She was prosecuted for attempt to obstruct the course of justice for having, together with one person known as Taiwan, asked the medical practioner the sum of Rs 400,000 following which she would not proceed with the present case and she would go to England to resume conjugal life with her husband.