In the chargesheet, Dr Kumarpal and Dr Rajendra Singh were charged under IPC sections 313, 304, and section 7 of the Medical Termination of Pregnancy Act.
A court in Agra convicted the owner and manager of a private hospital of culpable homicide and sentenced him to 10 years of imprisonment in connection with the death of a woman after she underwent an abortion in 2011.
Kumarpal Singh, 55, who had conducted the abortion procedure, was held guilty of causing miscarriage without taking the consent of the woman under the Medical Termination of Pregnancy Act.
“Kumarpal Singh operated on the woman, who was three-month pregnant, and damaged several of her internal organs, including her uterus. During the investigation, it also came to light that Kumarpal Singh had no medical degree,” said assistant district government counsel (Agra) Rupesh Goswami.
Kumarpal, who was out on bail, was taken into custody after his conviction.
“The court, however, acquitted another accused – Rajendra Singh — on the benefit of doubt,” Goswami said, adding that six prosecution witnesses were examined during the trial.
According to the prosecution, the case dates back to March 24, 2011, when three-month pregnant Manisha was brought to Maa Shringar Hospital by her husband Bhuri Singh after she started having stomach pain. She was admitted to the hospital after Kumarpal Singh examined her. Kumarpal, assisted by one nurse, operated on her.
“During the surgery, several organs of Manisha got damaged. When her condition got deteriorated, Kumarpal told Bhuri Singh to shift his wife to another hospital, and fled… Bhuri took Manisha to another hospital where he was told by doctors that several of her internal organs were badly damaged. Five days later, the husband filed a complaint with the Agra district magistrate detailing the incident. He also claimed that Kumarpal conducted the abortion procedure on his wife without taking consent.
After inquiry, an FIR was registered against Kumarpal and unidentified staff members of the hospital under IPC sections 313 (causing miscarriage without woman’s consent) and 308 (attempt to commit culpable homicide). Around a month after, Manisha died during treatment on April 29. After her death, police added charges under section IPC 304 (culpable homicide not amounting to murder).
In the chargesheet, Dr Kumarpal and Dr Rajendra Singh were charged under IPC sections 313, 304, and section 7 of the Medical Termination of Pregnancy Act.
The district administration also conducted an inquiry into Kumarpal and his hospital. “They found that the hospital was not affiliated with the chief medical officer of Agra. It was found, that Kumarpal was not having any medical degree. The hospital was then sealed by the district administration,” said the prosecution.